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Four conditions

The four conditions

Updated

On this page14
All four, in one sentence, with an exception in the middle.

One, the form

Any aromatic vegetable substance in the whole, broken, or ground form. Three forms named, which covers a peppercorn, a cracked seed and a powder alike.

Aromatic is doing work there

A vegetable substance that is not aromatic is not a spice, which ties the definition to the volatile fraction from its first clause.

Two, the exception

Except for those substances which have been traditionally regarded as foods, such as onions, garlic and celery.

Which is a custom test rather than a chemical one

Traditionally regarded is about how people have treated a thing, and there is no threshold in it.

Three, the function

Whose significant function in food is seasoning rather than nutritional. So the role in the recipe is part of the definition.

Significant is the qualifier

Not its only function. A substance with some nutritional contribution can still be a spice if seasoning is the significant one.

Four, true to name

Three words, and they are an adulteration test. A substance sold as one spice and cut with another is not true to name.

And then the volatile oil clause

From which no portion of any volatile oil or other flavoring principle has been removed. Which has its own section here.

No portion is absolute on its face

Not a material portion, not a significant portion. No portion of any volatile oil or other flavoring principle.

Or other flavoring principle is broader than oil

So the clause reaches whatever carries the flavor, not only the volatile oil fraction.

Four conditions and the clause, all in one sentence

Which is why it is quoted whole. A paraphrase loses either the exception or the qualifiers.

Vegetable is the word that bounds it

An aromatic vegetable substance, so an animal or mineral seasoning is outside the definition from the first clause onward. Salt is the obvious case and it is one of this group's six leaves.

And the whole thing is a labeling definition

It decides what may be declared as spice on an ingredient list, which is the practical consequence and not a safety rule.

References

21 CFR 101.22(a)(2): "The term spice means any aromatic vegetable substance in the whole, broken, or ground form, except for those substances which have been traditionally regarded as foods, such as onions, garlic and celery; whose significant function in food is seasoning rather than nutritional; that is true to name; and from which no portion of any volatile oil or other flavoring principle has been removed." The same paragraph provides that "paprika, turmeric, and saffron or other spices which are also colors, shall be declared as 'spice and coloring' unless declared by their common or usual name", and cross-refers to the spice lists in 21 CFR 182.10 and part 184, which are not enumerated here. The definition addresses a spice from which volatile oil has been removed and is not a shelf-life rule. law.cornell.edu
Written from 21 CFR 101.22(a)(2) and from the catalog as it stood on 19 October 2026. That definition is aimed at a spice from which volatile oil has been removed deliberately and is not a shelf-life rule; nothing here says how long any spice keeps or whether any product has lost volatile oil. The spice lists in 21 CFR 182.10 and part 184 are cross-referred in the section and are not enumerated here. There is no one-way degassing valve anywhere in this catalog.