Guide to Labeling Appeal
We at the USDA-FDA.com site believe that the more you know the better decision you can make as to what's right for you.
There are times when you just want your label to say what you want, and not what the USDA wants you to say. This could be because of ethnic issues, maybe salability, or another reason.
You will need to submit your label first. When the label gets rejected, you will have the option to comply or appeal the decision.
The process is simple, but needs thought. The appeal process is simple in itself, but often you must think like a lawyer, and come up with a reason for the USDA to comply with your decision to have the label your way. This requires an in-depth knowledge of regulations, many times it may require supporting documentation, especially when you want to call your product one thing and the USDA demands the product name be changed or adding a description that rarely meets with your approval.
If you submit a label application without using a label expeditor, and do not want to have modifications made on your label, LLPD suggest that you prominently specify that to the label submission, along with a contact name and number, to discuss any issues. Keep in mind that because of time constraints that the labeling staff will return your label without modifications if they cannot contact your company.
To submit the rejected or modified label, submit it in a separate envelope, mark it "Appeal" with an appeal form. Include all documentation's.
You may submit the label appeal to:
Label Compliance Team Coordinator: Rosalyn Murphy-Jenkins.
Mailing Address is:
USDA FSIS, Labeling Delivery Div.
Label Compliance Team Coordinator: Rosalyn Murphy-Jenkins
5601 Sunnyside Ave., Stop 5273
Room 2-2128B, GWCC
Beltsville, MD 20705-5273
Average time for appeals is 3 weeks. If the label appeal is denied, then the company needs to appeal to the next successive level. However you will need an all new argument with supporting documentation, you may not use the same argument, when the appeal was rejected. This is why your first appeal will need to be a powerful argument that packs a punch and very detailed.
GOOD LUCK !