The retailers are not required to file a notice with the FDA. Further, under 21 CFR 101.9(j)(18) and 21 CFR 101.36(h)(2), nutrition labeling exemptions for low-volume products apply under certain circumstances. For example, if the person claiming the exemption employs fewer than an average of 100 full-time equivalent employees and fewer than 100,000 units of that product are sold in the United States in a preceding 12-month period the product would be eligible for a labeling exemption for any 12-month period. For these exemptions, a notice must be filed annually with FDA.

Trans Fat Labeling