"Can you tell me which one the large Red snapper is?
Which fish, because I have no clue."
Here at FDA we receive many questions regarding
proper Seafood Labeling.
In this video, we'll talk about seafood labeling,
and after each segment there will be are few
questions to review the material and help
reinforce key points.
Segment 1 describes the purpose of labeling; the
role and authority of the FDA; and some possible
reasons why seafood may be mislabeled.
Segment 2 provides FDA's Specific laws,
Regulations, and Guidance documents relevant to
seafood labeling.
Segment 3 illustrates FDA's current work to
discourage the mislabeling of seafood, and offers
specific tips for regulators, retailers, and
consumers in a combined effort to ensure proper
seafood labeling.
The purpose of labeling is to inform the consumer
regarding the contents of the product.
This information helps protect both consumers and
manufacturers, and prevents fraud,
misrepresentation, and unfair competition.
When all producers follow the same labeling rules,
it creates an even playing field that prevents
unscrupulous persons from misrepresenting their
product to deceive consumers and to create an
unfair advantage for themselves.
The Food and Drug Administration develops
laws to define proper labeling, provides
guidance to industry and advice to consumers, and
oversees the labeling of products as part of their
inspection activities.
The FDA administers and enforces those labeling
requirements for nearly all foods.
A notable exception would be for meat and poultry,
which falls under the jurisdiction of the US
Department of Agriculture.
It's FDA's responsibility to ensure that the seafood
industry processes and distributes seafood that
is wholesome and properly labeled.
FDA 's Regulatory authority for food
labeling is found in the Federal Food, Drug and
Cosmetic Act, the Fair Packaging and Labeling
Act, the Public Health Service Act, and the Food
Allergen Labeling and Consumer Protection Act.
When Seafood is incorrectly labeled the
regulatory action taken regarding the identity of
a product usually falls under the misbranding
provision of the Act.
The provision states that "A food shall be deemed
misbranded if the labeling is false or misleading,
offered for sale under another name or is an
imitation of another food but doesn't contain the
word "imitation" on the label."
Some examples of seafood mislabeling include:
inaccurate food weight declarations such as low
net or drained weights, or including water glaze as
part of net weight, not declaring the use of
preservatives or color treatments, not declaring
added water, species substitution, and labeling
salad containing surimi as "crab salad."
When purchasing products, consumers rely on labels
to clearly and accurately describe what's being
offered for sale.
Consumers rely on product labeling to provide vital
information that may affect their health, such
as a possible allergic reaction, or specific
nutritional needs.
Consumers use this information to make
informed decisions regarding their dietary
needs and possible health precautions.
Today's consumers are better informed about
environmental contaminants or general food health
concerns surrounding allergens, salt content or
other nutritional needs.
FDA conducts label reviews during regular food safety
inspections and when evaluating imported
seafood.
FDA also investigates consumer complaints
presented to the agency.
These reviews are to ensure that the labels are
truthful and not misleading.
The agency follows a regulatory evaluation
process to determine the compliance of the label.
When FDA determines a product is not labeled as
required by law, the agency may take any and
all appropriate actions.
Actions may include detaining and refusing
imported seafood, issuing warning letters or seizing
the products, depending on individual circumstances.
Let's look at some reasons for mislabeling seafood.
Economic Fraud occurs when a product is mislabeled,
when damage is concealed, or when a product is made
to appear better than it is.
These practices can deceive the consumer.
There are laws that set forth "standards of
identity."
One of these standards is for raw breaded shrimp and
defines the flesh to breading ratio.
Over breading occurs when excessive breading is
added to increase the weight of the product.
Because the regulation requires at least 50%
flesh content to breading, an example of economic
fraud is if raw breaded shrimp contains 60%
breading content, which means the consumer is
paying shrimp prices for bread.
Short-weighting occurs when the weight stated on
the packaging is not the actual weight of the
product.
Sometimes the weight of the water or ice with the
product is included as part of the declared
weight, so basically, you're paying seafood
prices for water.
And, sometimes net package content weights have not
been adjusted from gross package weights, which
include product packaging.
Additives are sometimes used to make products
appear better than they are, or to mask signs of
decomposition, for example, the use of carbon
monoxide to make flesh retain its red color for
an extended period of time.
And sometimes a less expensive fish species is
substituted for a more expensive species.
An example would be when another snapper species is
substituted for Red snapper or when parrotfish
is substituted for grouper.
Another Reason for mislabeling seafood is to
avoid Regulatory Requirements .
Some reasons may include the avoidance of tariffs
and other taxes; the offering of restricted or
endangered species into commerce; or an attempt to
circumvent FDA import alerts.
Here we see several examples of known species
substitution.
Column A contains examples of lesser priced seafood
that have been substituted for the more expensive
seafood contained in Column B.
Common examples of species substitution shown here
include: Rockfish being represented as Red
snapper, Mako shark being incorrectly identified as
swordfish, and Steelhead trout falsely labeled or
identified as salmon.
Processed seafood products can also be mislabeled.
Use of the term Caviar, unqualified without a fish
species name on the label, can only be used to
represent fish eggs from the sturgeon species.
All other species of roe processed into caviar
should be labeled with the type of fish the eggs come
from, such as salmon caviar or paddlefish
caviar.
The FDA has a Compliance Policy Guide which
describes the proper labeling of caviar, which
will be noted in segment 2.
Species substitution is not only an economic
concern.
It can also be a food safety concern by causing
potential food safety hazards to be
misidentified or overlooked.
If we look at the actual species of Escolar we note
the potential species related hazards of
Gempylotoxin and Histamine.
If the seafood product is inappropriately identified
as Grouper or Sea bass, then the wrong potential
hazards, parasites and Ciguatera fish poisoning
are being controlled, leaving the consumer at
risk of illness from Gempylotoxin and/or
histamine.
Now, look at Spanish mackerel.
Spanish mackerel has the potential species related
hazards of histamine and Ciguatera fish poisoning.
If this fish is incorrectly identified as
kingfish, which has no identified potential
hazards, then once again consumers are at risk of
illness, because the true hazards will not have been
controlled.
Another hazard to consider with fishery products is
allergens.
Consumers may be allergic to a specific species of
fish and rely heavily on truthful labeling to avoid
what could be a severe allergic reaction.
Escolar has been known to be substituted for such
fish species as Grouper and Sole.
The most common mislabeling we see for
Escolar is White tuna, which has been noted at
some retail outlets and sushi restaurants.
Escolar, and its closely related cousin, the
Oilfish, have been associated with illness
caused by Gempylotoxin.
Gempylotoxin has been known to cause a purgative
or laxative-like action when consumed, and FDA
recommends that these fish not be marketed.
Check our website for additional information
about these fish.
Now, a short review quiz.