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Color

What "edible" means on a glitter

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Edible is a statement about what something is made of, and this is the category where that gets lost.

The distinction

A decorative glitter is either made of substances cleared for food use, in which case it is food, or it is not, in which case it is decoration that happens to be sitting on a cake. The word on the package does not decide which.

The grounded test

For the color component, is it listed in part 73, 74 or 82 for this use? For the substrate it is on, is that substance cleared for food? Both halves have to be answered, and a glitter is usually a color on a carrier.

Non-toxic is not the same claim

A material can be non-toxic in the sense of not poisoning somebody and still not be a food ingredient. Those are different standards with different evidence behind them, and the second is the one that applies here.

So say which one you are selling

If it is for decoration and removal before eating, say that plainly and prominently. If it is edible, be able to show the listings. Leaving a buyer to assume is how a cake decorator ends up serving the wrong one.

It is a repackager problem as much as a maker problem

Buying bulk glitter and jarring it into artist or baker sizes puts your name on the claim. The composition question travels with the product, and the supplier specification is the only way to answer it.

The same applies to cake decor and sprinkles

A sugar sprinkle colored with a listed additive is straightforward. A metallic or luster finish may not be, and those are exactly the products where the finish is the selling point.

And an allergen can be hiding in the carrier

A sprinkle or a decor piece can contain wheat, soy or milk, and the allergen rule reaches it through a coloring declaration notwithstanding any other law. The carrier is part of the composition question.

References

21 CFR parts 73, 74 and 82, the listings of color additives exempt from certification, subject to certification, and provisionally listed. A color additive is lawful for a use because it is listed for that use, which is the authority 101.22(k) points at. law.cornell.edu
21 CFR 101.22(k), on declaring coloring in the statement of ingredients. Paragraph (k)(1) requires a color additive subject to certification to be declared by the name listed in part 74 or part 82, with "Lake" included where it is a lake; (k)(2) allows "Artificial Color", "Artificial Color Added" or "Color Added" only for colors not subject to certification and not otherwise required to be named. law.cornell.edu
21 U.S.C. 343(w), the major food allergen labeling requirements. Paragraph (1) gives the two permitted forms, a "Contains" statement immediately after or adjacent to the ingredient list in type no smaller than that list, or the food source in parentheses after the ingredient name. Paragraph (4) applies the requirement to a flavoring, coloring or incidental additive notwithstanding any other law. law.cornell.edu
Written from federal statute and regulation, not from a kitchen. Food labeling has more parts than three sections, and a state cottage food program may add or subtract requirements for a local sale. Nothing here is clearance for a specific label, and whether an ingredient is cleared for food use is a question about that ingredient.