Two agencies, one grocery shelf
The FDA regulates roughly 80% of the U.S. food supply — packaged foods, produce, seafood, shell eggs, bottled water, and dietary supplements — under the Federal Food, Drug, and Cosmetic Act. The USDA's Food Safety and Inspection Service (FSIS) regulates meat (cattle, pigs, sheep, goats), poultry (chicken, turkey), and processed egg products (liquid, frozen, or dried eggs), under the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act. FSIS also covers catfish (order Siluriformes), even though other seafood stays with the FDA.
The 3% / 2% meat rule
For a mixed product, the dividing line is how much meat or poultry it contains by weight. A product with more than 3% raw meat or poultry, or more than 2% cooked meat or poultry, is regulated by USDA FSIS. At or below those amounts, it usually stays under the FDA. This is why two similar products can follow different rulebooks: a cheese pizza or a pasta sauce with a trace of meat is typically an FDA product, while a pepperoni pizza or a beef chili is a USDA product. A closed-face (ready-to-eat) meat sandwich falls under the FDA; an open-faced one falls under FSIS.
| Product | Usual agency |
|---|---|
| Packaged snacks, produce, most seafood, bottled water | FDA |
| Shell eggs | FDA |
| Cheese pizza; ≤3% raw / <2% cooked meat | FDA |
| Dietary supplements | FDA |
| Meat & poultry (beef, pork, chicken, turkey) | USDA FSIS |
| Processed egg products (liquid, frozen, dried) | USDA FSIS |
| Catfish (Siluriformes) | USDA FSIS |
| >3% raw or >2% cooked meat/poultry | USDA FSIS |
Why it changes everything: label pre-approval
The biggest practical difference is timing. USDA requires label pre-approval — every label for a meat, poultry, or egg product must be reviewed and approved by FSIS before the product can be sold. (Many standard labels qualify for 'generic' approval without individual submission, but special claims must be sent in.) The FDA does not pre-approve labels — with narrow exceptions such as infant formula and certain health claims — so you are responsible for getting it right, and the agency enforces after the fact.
Special claims — 'natural,' 'no antibiotics ever,' 'grass-fed,' 'organic' — on a USDA product must be documented and approved by FSIS before use. On an FDA product you follow the FDA's definitions, but there is no pre-approval step. Don't assume a claim that is fine on an FDA label automatically clears on a USDA one.
What USDA labels carry that FDA labels don't
- The USDA mark of inspection (the inspection legend) with the establishment number.
- Safe handling instructions on raw or partially cooked meat and poultry.
- Meat and poultry serving sizes still use the older 1990 reference amounts, not the FDA's 2016 RACC updates — see serving sizes and RACC.
If you're an FDA product
Most small food businesses — bakers, jam and sauce makers, snack and beverage brands — are FDA-regulated, which means no pre-approval and you build the Nutrition Facts panel yourself. The Nutrition Facts label generator produces the FDA 2016 format, and the Supplement Facts generator handles dietary supplements. Start with the required label elements and the small-business labeling guide.
These tools build FDA-format labels. If your product is USDA-regulated, the panel is similar but you must go through FSIS label approval — begin at the FSIS labeling resources rather than publishing directly.