📋 FOOD IDENTIFICATION – FDA Rules & State Point Deductions Explained

Kitchen Compliance: Why Mislabeling Your Ingredients Costs More Than Just Inspection Points

In the fast-paced world of a commercial kitchen, it is easy to lean into convenience. When a bulk shipment of flour, sugar, or a house-made spice blend arrives, transferring it into a more accessible, unlabeled container might seem like a minor shortcut.

However, health inspectors don’t see shortcuts—they see violations.

Under the FDA Food Code Inspection Form, failing to identify what is in your containers falls squarely under Item #37: Food properly labeled; original container. While it may not instantly shut down your restaurant like a broken refrigerator, it is a persistent, easily avoidable mistake that quietly chips away at your perfect inspection score.

What is Item #37 and Why Does It Matter?

FDA Food Code Item #37 is classified as a Good Retail Practice (GRP) violation. It specifically regulates how foods are identified once they leave their original packaging.

The rule is straightforward: if an ingredient is removed from its original manufacturer’s packaging and isn’t easily identifiable at a glance (like white powders, oils, or spices), it must be clearly labeled with its common English name.

The logic behind the rule is rooted in kitchen safety:

Allergen Prevention: Misidentifying peanut flour as regular flour or mistaking MSG for salt can have life-threatening consequences for customers with severe allergies.
Chemical Safety: White sanitizing powders or baking sodas can easily be swapped by accident if working containers aren’t properly marked.

What Is the Point Loss in Most States?

Because Item #37 is typically categorized as a Core Violation (formerly known as a “Low Priority” or “Non-Critical” violation) rather than a Priority item, the immediate penalty is small.

In the vast majority of U.S. states and local jurisdictions using a standard 100-point deduction system, violating Item #37 results in a 1-point to 2-point deduction per occurrence.

While a 1-point loss won’t doom your grade on its own, health inspectors warn that these minor point losses add up. A few unlabeled squeeze bottles, an undated bulk bin, and a missing label on your house-made sauce can quickly drag an “A” grade down to a “B.” Furthermore, if an inspector notes the exact same unlabeled container during a follow-up visit, it can be marked as a Repeat Violation, which often triggers double the point deductions or mandatory fines.

How to Stay Compliant: A Quick Checklist

To ensure your back-of-house stays perfectly compliant, enforce these simple daily kitchen habits:

Label the Working Containers: Any ingredient taken out of its original bag—such as sugar, flour, salt, or cooking oils—must have a label stating its common name if it isn’t completely obvious.
Keep Original Labels Intact: If you keep food in its original packaging, ensure the manufacturer’s label, ingredient list, and allergen warnings remain clean and legible.
Train Your Prep Team: Ensure everyone knows that a piece of masking tape and a sharpie are just as important as a clean knife.

Don’t let minor point deductions compromise your restaurant’s reputation. Clean, clear labeling keeps your food safe, your staff informed, and your health inspection scores flawless.

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