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 byβ¦"). 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.
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 101β105) 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.]
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.
Sample Label β Guam Home Food Seller
Note: No "not inspected" disclaimer β Guam Home Industry sellers are licensed and inspected. Nutrition Facts omitted under FDA small business exemption (verify eligibility).
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.
Declare by weight. Both US customary (oz, lb) and metric (g, kg) units required.
Declare by fluid measure. Both US (fl oz) and metric (mL, L) units required.
Can be declared by count if the item is large enough to be seen through packaging or is uniform in size.
Net quantity statement must appear in the bottom 30% of the principal display panel β the main face of the 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.
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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