California food labeling requirements combine federal FDA rules with a set of state-specific obligations under the Sherman Food, Drug, and Cosmetic Law, Proposition 65, the California Organic Products Act, and two newer statutes taking effect in 2026 and 2027. If you sell packaged food in California, you comply with both systems at once. Getting it wrong exposes you to civil penalties up to $2,500 per offense under the Unfair Competition Law, Prop 65 fines of up to $2,500 per day per violation, and private class actions that often settle in the six or seven figures.
What Must Appear on Every Label
California’s retail food code requires prepackaged food to carry a label that complies with the Sherman Law and federal labeling rules in 21 CFR Part 101. Food must also be “honestly presented in a way that does not mislead or misinform the consumer.”1Justia. California Health and Safety Code 114087-114094 – Article 8 Consumer Information
The principal display panel, meaning the side a shopper is most likely to see, carries the product’s common name (its statement of identity) and the net quantity of contents. Minimum type size for the net quantity scales with the area of that panel, starting at 1/16 inch for packages with 5 square inches or less of display area.2eCFR. 21 CFR 101.7 – Declaration of Net Quantity of Contents Net quantity must appear in both U.S. customary and metric units, for example “Net Wt 15 oz (425 g).”3eCFR. 16 CFR Part 500 – Regulations Under Section 4 of the Fair Packaging and Labeling Act
The information panel, usually to the right of the principal display panel, carries the manufacturer’s name and address, the ingredient list, and required disclosures. Labels can’t be blocked by folds, flaps, or closures that would make required information hard to read.
If any text on the label appears in a language other than English, every mandatory element must also appear in that language. Printing a Spanish product name on the front while keeping the ingredient list and allergen disclosures in English only is a violation.4eCFR. 21 CFR 101.15 – Food Prominence of Required Statements
Very small packages get limited relief. Individual servings under half an ounce used in restaurants and institutions are exempt from the net quantity declaration entirely, and random-weight packages like deli items weighed at the counter are exempt from dual-unit and specific placement requirements as long as the net weight is clearly visible on the principal display panel.5eCFR. 21 CFR 1.24 – Exemptions From Required Label Statements Most retail products still need full compliance.
Ingredient Lists
The Sherman Law requires a complete ingredient list on every packaged food, with ingredients in descending order by weight.6San Mateo County Health. Sherman Food, Drug, and Cosmetic Law Vague or generic terms that hide what an ingredient actually is are not allowed.
Artificial colors must be identified by their certified names. Use “FD&C Yellow No. 5,” not “artificial color.” Chemical preservatives like sodium benzoate and BHT must be named explicitly. If the food contains any artificial flavoring, coloring, or chemical preservative, the label must say so. Sulfites must be declared whenever they are present at 10 parts per million or higher in the finished food.7eCFR. 21 CFR 130.9 – Sulfites in Standardized Food
Federal law allows generalized terms like “natural flavors,” but Proposition 65 can force more specificity when a flavoring agent contains a chemical linked to cancer or reproductive harm. A generic label term won’t shield you.
One boundary worth knowing: processing aids that are removed before packaging, converted into components naturally present in the food, or present only at insignificant levels with no functional effect qualify as incidental additives and are exempt from the ingredient list.8eCFR. 21 CFR 101.100 – Food Exemptions From Labeling When in doubt, disclose.
Allergen Disclosures
Federal law recognizes nine major food allergens. The FASTER Act added sesame effective January 1, 2023, joining milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soybeans.9U.S. Food and Drug Administration. Allergic to Sesame? Food Labels Now Must List Sesame as an Allergen All nine must be disclosed either parenthetically within the ingredient list or in a “Contains” statement immediately following it. If your product uses a “Contains” statement and includes sesame as an ingredient, sesame has to appear in that statement.
Sesame often hides inside broader ingredient terms like “natural flavors” or “spice mix.” The FDA expects manufacturers to specifically call out sesame whenever it is part of another ingredient. Labels that predate the 2023 change and rely on catch-all terms need updating.
Precautionary phrases like “may contain peanuts” or “produced in a facility that also uses tree nuts” are voluntary, but they must be truthful. The FDA has stated that a product may be deemed adulterated due to inadequate cross-contact controls even when it carries an advisory statement.10Food and Drug Administration. Sec 555.250 Major Food Allergen Labeling and Cross-contact – Draft Compliance Policy Guide Using an advisory label as a substitute for sanitation and allergen control is not a defense.
Nutrition Facts and Nutrient Claims
The Nutrition Facts panel follows federal requirements under the Nutrition Labeling and Education Act. Every label must declare calories, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, dietary fiber, total sugars, added sugars, protein, and specified vitamins and minerals.11eCFR. 21 CFR 101.9 – Nutrition Labeling of Food Serving sizes must match the FDA’s Reference Amounts Customarily Consumed for the food category, not whatever portion the manufacturer prefers.
Added sugars require specific formatting: the amount must be indented under total sugars and prefaced with the word “Includes,” for example “Includes 12g Added Sugars.” If your product has less than 0.5 grams of added sugars per serving, you can list it as zero. If no claim about sugars appears on the label and the product has less than 1 gram, you can skip the line and add “Not a significant source of added sugars” at the bottom of the panel.
Nutrient content claims have to meet FDA-defined thresholds. A product labeled “low sodium” must contain no more than 140 milligrams of sodium per reference amount customarily consumed.12eCFR. 21 CFR 101.61 – Nutrient Content Claims for the Sodium Content of Foods Similar thresholds apply to “low fat,” “high fiber,” and “good source of” claims. Making the claim without meeting the number exposes you to enforcement under California’s Unfair Competition Law.
The FDA proposed a front-of-package “Nutrition Info box” in January 2025 that would rate saturated fat, sodium, and added sugars as “Low,” “Med,” or “High.”13Federal Register. Food Labeling Front-of-Package Nutrition Information The rule is not final and is not mandatory for 2026.
Date Labels Under AB 660
Starting July 1, 2026, AB 660 standardizes date labels on food sold in California. If you include a date label, you must use one of two approved phrases. “BEST if Used by” (or “BEST if Used or Frozen by”) signals quality: the food is at peak quality until that point but is not necessarily unsafe afterward. “USE by” (or “USE by or Freeze by”) signals safety: the food should not be consumed past that date.14California Legislative Information. AB 660 Food and Beverage Products
Small packages can use “BB” for quality dates and “UB” for safety dates. The law applies to food manufactured on or after July 1, 2026, which means label templates need updating now. Using the wrong term could mislead consumers and trigger enforcement.
Banned Additives Under AB 418
The California Food Safety Act bans four substances from food sold in the state effective January 1, 2027: Red Dye No. 3, brominated vegetable oil, potassium bromate, and propylparaben.15Governor of California. AB 418 Signing Selling food containing any of these ingredients in California after that date is a violation.
Red Dye No. 3 affects the largest number of products, appearing in candy, baked goods, snack foods, and some beverages. The FDA separately revoked authorization for Red Dye No. 3 in early 2025, but California’s ban came first. Potassium bromate is used as a dough conditioner, brominated vegetable oil as an emulsifier in citrus-flavored drinks, and propylparaben as a preservative. The 2027 deadline applies to products sold in the state, not just manufactured there, so out-of-state companies shipping into California must comply as well.
Proposition 65 Warnings on Food
Proposition 65 requires businesses to warn consumers before exposing them to chemicals known to cause cancer or reproductive harm. Common triggers in food include acrylamide in coffee and baked goods, lead in certain spices and supplements, and cadmium in chocolate. The warning must be “clear and reasonable,” and OEHHA publishes safe harbor language that satisfies the requirement if used correctly.16OEHHA. Proposition 65 Clear and Reasonable Warnings – Safe Harbor Methods and Content
Recent amendments require short-form warnings to name at least one listed chemical rather than using generic language. A compliant short-form food warning reads something like: “CA WARNING: Cancer risk from exposure to [chemical name]. See www.P65Warnings.ca.gov/food.” Businesses still using generic short-form warnings need to transition to the updated format.
The financial exposure is significant. Prop 65 penalties can reach $2,500 per violation per day.17P65Warnings.ca.gov. What Are the Penalties for Violating Proposition 65 Most enforcement comes from private plaintiffs and advocacy groups filing lawsuits, which often settle for tens or hundreds of thousands of dollars plus attorney fees.
Marketing Claims: Natural, Organic, Healthy, Whole Grain
California’s Unfair Competition Law and False Advertising Law prohibit any false or misleading claim about a product’s ingredients, nutritional value, or health effects. The Attorney General, local prosecutors, and private plaintiffs all have authority to enforce.18California Attorney General. Enforcement Advisory Letter Regarding Assembly Bill 899 Terms like “natural,” “organic,” “healthy,” and “whole grain” each carry legal weight.
Organic
Products labeled “organic” must comply with both the federal USDA National Organic Program and the California Organic Products Act. COPA bans the term “transitional organic” entirely, prohibits labeling any fish or seafood as organic until the USDA implements formal certification for those products, and requires separate state registration for businesses that process or handle organic products in California.19California Department of Food and Agriculture. California Organic Products Act of 2003 Using “organic” on a fertilizing material label without NOP compliance requires a prominent disclaimer that the product is not for use in organic production.20Legal Information Institute. California Code of Regulations Title 3 2320.4 – Use of the Term Organic on Labels
Healthy
The FDA finalized an updated definition of the “healthy” nutrient content claim in December 2024, with a compliance date of February 25, 2028. The new rules tie the claim to food group equivalents from the Dietary Guidelines, requiring meaningful amounts of at least one recommended food group while staying under limits for added sugars, sodium, and saturated fat.21Federal Register. Food Labeling Nutrient Content Claims Definition of Term Healthy The 2028 date is the federal enforcement point, but California’s independent false advertising authority means regulators and private plaintiffs can still challenge “healthy” claims that clearly fail the updated criteria.
Whole Grain
A product making a “whole grain” health claim should contain at least 51% whole grain ingredients by weight per reference amount customarily consumed.22U.S. Food and Drug Administration. Health Claim Notification for Whole Grain Foods With Moderate Fat Content Labeling a product as “whole grain” when the primary ingredient is refined flour is the kind of claim that draws class-action attention in California.
Bioengineered Food Disclosure
The National Bioengineered Food Disclosure Standard, enforced by USDA, requires manufacturers to disclose when a food is bioengineered or contains bioengineered ingredients. USDA maintains a list of covered crops including corn, soybeans, canola, sugar beets, potatoes, summer squash, papaya, Arctic apples, and AquAdvantage salmon.23USDA Agricultural Marketing Service. List of Bioengineered Foods Even if a food is not on the list, you must disclose if your own records show it is bioengineered.
Disclosure can take the form of text stating “Bioengineered food” or “Contains a bioengineered food ingredient,” the USDA “Bioengineered” symbol, or an electronic or digital link. The phrase “may be bioengineered” is not acceptable, since the statement must be affirmative.24Federal Register. National Bioengineered Food Disclosure Standard Supporting records, including supply chain documents, supplier attestations, lab results, and third-party certifications, must be kept for at least two years after the product is sold or distributed at retail.
Registration Before You Sell
Before selling packaged food in California, most manufacturers and processors must obtain a Processed Food Registration from the CDPH Food and Drug Branch. It covers general food categories like baked goods, snack foods, processed vegetables, seafood, and dietary supplements, and it applies whether you manufacture in California or operate a warehouse storing food products in the state.25California Department of Public Health. Processed Food Registration Separate registrations apply for businesses handling organic products or molluscan shellfish. CDPH does not pre-approve labels; the compliance burden is entirely on you.26California Department of Public Health. Close Up On Food Labels – Information for California Food Processors
Penalties and Who Enforces
California food labeling enforcement comes from three directions.
- Unfair Competition Law: the Attorney General, district attorneys, and private parties can all bring actions. Civil penalties reach up to $2,500 per violation, and courts can order restitution and injunctive relief.27California Legislative Information. California Business and Professions Code 17206
- Proposition 65: penalties up to $2,500 per violation per day, with most enforcement driven by private plaintiffs. Settlements routinely run into six figures.17P65Warnings.ca.gov. What Are the Penalties for Violating Proposition 65
- Misbranding under the California Health and Safety Code: CDPH and county health departments can order product recalls or stop sales.28California Legislative Information. California Health and Safety Code 110760
Private class-action lawsuits produce the largest financial exposure. A single misleading label claim, such as “all natural” on a product with synthetic ingredients or an absent allergen disclosure, can generate multi-million-dollar settlements and court-ordered labeling overhauls.