🌺 Guam · Page 6 of 8

Label Requirements in Guam

Guam food sellers are subject to FDA labeling rules as a US territory β€” but with no cottage food disclaimer requirement. Here's exactly what must appear on every product you sell.

Because Guam is a US territory, food products sold commercially are subject to FDA labeling regulations β€” the same rules that govern food sold on the US mainland. For home food sellers operating under the Home Industry license, this means your labels must meet FDA's general food labeling requirements. There is no Guam-specific "cottage food label law" because there is no cottage food exemption β€” your labels should reflect the standards of a commercial food producer.

The good news on one front: unlike most US state cottage food laws, there is no required Guam-specific disclaimer statement ("Made in a home kitchen not inspected by…"). That disclaimer exists in states with cottage food exemptions specifically because those sellers are exempt from inspection. In Guam, you're operating as a licensed, inspected food establishment β€” so no disclaimer of that kind is needed or appropriate.

πŸ‡ΊπŸ‡Έ

Guam and FDA Jurisdiction: As a US territory, Guam falls under FDA food labeling authority. The Federal Food, Drug, and Cosmetic Act (FD&C Act) and FDA's food labeling regulations (21 CFR Parts 101–105) apply to food products sold in Guam. Small producers may qualify for FDA's small business exemption from full Nutrition Facts labeling β€” see the section below for details. When in doubt about a specific labeling question, FDA's resources at fda.gov/food/food-labeling-nutrition are your primary reference. [VERIFY current FDA requirements with DPHSS/DEH as local interpretation may apply.]

βœ… No Cottage Food Disclaimer Required in Guam

Most US state cottage food laws require a specific disclaimer on every label β€” typically something like: "Made in a home kitchen not inspected by the State Department of Health." This disclaimer exists because cottage food sellers in those states are exempt from inspection and the disclaimer informs buyers of that fact.

In Guam, your home kitchen will have been inspected by DPHSS/DEH and your operation is licensed as a food establishment. You are not operating under an exemption β€” you are operating under a full license. No exemption disclaimer is needed. Do not add a "not inspected" disclaimer to your Guam labels β€” it would be factually incorrect for a licensed operation.

You should, however, clearly identify yourself as the producer with your name and address β€” that is always required under FDA labeling rules.

What Must Appear on Every Label

1
Product Name / Statement of Identity
The common or usual name of the food β€” what it is. "Mango Hot Sauce," "Guyuria Cookies," "CHamoru Red Rice Seasoning Blend." Must be prominent and conspicuous on the principal display panel.
Required β€” FDA
2
Ingredient List
All ingredients in descending order of predominance by weight. Each ingredient must be listed by its common name. Sub-ingredients in compound ingredients must also be listed. Example: "Mango, apple cider vinegar, cane sugar, habanero pepper, garlic, salt."
Required β€” FDA
3
Major Allergens
The 9 major allergens must be declared clearly β€” either within the ingredient list or in a separate "Contains:" statement. See the allergen section below for the complete list and formatting options. This is one of the most important safety elements on any food label.
Required β€” FDA (FALCPA + FASTER Act)
4
Net Quantity of Contents
The amount of food in the package β€” expressed by weight (oz/g), fluid measure (fl oz/mL), or count. Must appear on the principal display panel in the lower 30% of the panel. Both US customary and metric units are required for most products sold in the US and territories.
Required β€” FDA
5
Producer Name & Address
Your full name (or business name) and complete mailing address β€” including city, territory (GU), and zip code. This is the responsible party for the product. P.O. Box is acceptable for the address if your street address is publicly listed. Example: "Made by Maria Santos Β· Mangilao, GU 96913."
Required β€” FDA
6
Nutrition Facts Panel
Full Nutrition Facts label required unless you qualify for FDA's small business exemption (fewer than 10 full-time employees AND annual sales under $100,000 β€” see details below). If you qualify, you may omit the Nutrition Facts panel entirely or use a simplified format. Most small home food sellers in Guam will qualify for the exemption.
Exemption may apply β€” Verify
7
Best-By / Use-By Date
Not federally required for most foods (infant formula is an exception), but strongly recommended β€” and effectively expected by DEH for licensed food operations. Shelf-stable products: "Best by [date]." Refrigerated TCS products: "Use by [date] Β· Keep refrigerated."
Strongly Recommended
8
Storage Instructions (TCS Products)
Required for any product that needs refrigeration or special storage conditions. Examples: "Keep refrigerated" Β· "Store in a cool, dry place" Β· "Refrigerate after opening." For TCS products, this is not optional β€” buyers must know how to handle your food safely.
Required for TCS/perishable products
9
Handling / Reheating Instructions
For prepared meals sold refrigerated or frozen, include clear instructions for safe reheating β€” internal temperature targets, microwave or oven instructions. Example: "Reheat to internal temperature of 165Β°F before serving."
Required for prepared meals

Sample Label β€” Guam Home Food Seller

Calamansi Hot Sauce
Small-batch Β· Made in Guam
Net Weight
5 fl oz (148 mL)

Ingredients
Calamansi juice, habanero peppers, cane vinegar, garlic, cane sugar, sea salt

Contains: No major allergens

Storage
Refrigerate after opening Β· Best within 6 months

Made by Ana Taitague Β· Tamuning, GU 96913
Produced in a DPHSS-licensed kitchen

Note: No "not inspected" disclaimer β€” Guam Home Industry sellers are licensed and inspected. Nutrition Facts omitted under FDA small business exemption (verify eligibility).

The 9 Major Allergens

Under the Food Allergen Labeling and Consumer Protection Act (FALCPA) and the FASTER Act (2023 addition of sesame), the following 9 allergens must be declared on all food product labels sold in the US and its territories, including Guam. Sesame became a major allergen effective January 1, 2023.

πŸ₯›Milk
πŸ₯šEggs
🐟Fish
🦐Shellfish
🌳Tree Nuts
πŸ₯œPeanuts
🌾Wheat
🫘Soybeans
🌱Sesame

Two Accepted Formats

Option 1 β€” Inline Declaration (within ingredient list)
Ingredients: Flour (wheat), butter (milk), eggs, vanilla extract, cane sugar, sea salt
Option 2 β€” Separate "Contains:" Statement (after ingredient list)
Ingredients: Flour, butter, eggs, vanilla extract, cane sugar, sea salt
Contains: Wheat, Milk, Eggs
Important Notes
If using the "Contains:" statement, it must list every allergen present β€” a partial list combined with Option 1 is not permitted. For tree nuts, you must specify the specific nut (e.g., "Contains: Tree Nuts (Macadamia)"). For fish and shellfish, specify the type. Cross-contact risk ("May contain…") is voluntary but good practice for shared equipment situations.

Net Weight & Measurement Requirements

Solid & Semi-Solid Foods

Declare by weight. Both US customary (oz, lb) and metric (g, kg) units required.

e.g. "Net Wt 8 oz (227g)"

Liquid Foods

Declare by fluid measure. Both US (fl oz) and metric (mL, L) units required.

e.g. "Net 12 fl oz (355 mL)"

Countable Items

Can be declared by count if the item is large enough to be seen through packaging or is uniform in size.

e.g. "12 Cookies Β· Net Wt 6 oz (170g)"

Placement

Net quantity statement must appear in the bottom 30% of the principal display panel β€” the main face of the label.

Lower portion of front label

Use a certified kitchen scale for accuracy. Do not round up net weight statements β€” if your jar of jam weighs 7.8 oz after filling, label it as 7.5 oz (rounding down slightly to ensure you're not understating) or invest in fill-to-weight production. Net weight statements must reflect the contents at the time of purchase, not including the container weight.

🌑️ Additional Label Requirements for TCS / Refrigerated Products

"Keep Refrigerated" β€” mandatory on all products that require refrigeration. Must be prominent and easy to read.
"Use by [date]" β€” strongly recommended for perishable products; gives buyers clear safety guidance. Do not use "Best by" for perishables β€” use "Use by" to signal safety, not just quality.
Reheat instructions β€” for cooked prepared meals: "Reheat to 165Β°F (74Β°C) before serving." Required for products where safe consumption depends on proper reheating.
Serving size guidance β€” "Consume within [X] days of opening" is helpful for multi-serving refrigerated products like sauces, beverages, and prepared side dishes.
Cold chain note for delivery β€” if selling refrigerated products online for delivery, include "Keep refrigerated upon receipt" on the outer package or a packing slip insert.

πŸ“‹ FDA Small Business Nutrition Labeling Exemption

Most home food sellers in Guam will qualify for FDA's small business exemption from the full Nutrition Facts panel requirement. To qualify, your business must have:

Fewer than 10 full-time employees AND annual food sales under $100,000 per year.

If you meet both criteria, you may omit the Nutrition Facts panel entirely from your label, or use a simplified voluntary format. You must still include all other required label elements (product name, ingredients, allergens, net weight, producer information).

Once your sales exceed $100,000/year or your workforce grows beyond 10 FTEs, you must comply with the full Nutrition Facts panel requirements. At that scale, using a food lab or FDA-registered nutrition analysis software to generate accurate Nutrition Facts data is the standard approach. [VERIFY current FDA thresholds at fda.gov β€” amounts are periodically adjusted.]

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