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Compliance with Applicable Law:
My Establishment will provide Nutrient Information to assist BeerBoard with facilitating its retail customer's compliance with applicable laws and regulations, including, but not limited to, the nutrient labeling requirements under the Federal Food, Drug, and Cosmetic Act (the "Act") and implementing regulations (21 CFR § 101.11), as may be amended from time to time.
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Reasonable Basis for Nutrient Information:
My Establishment has a reasonable basis for the Nutrient Information entered onto BeerBoard’s website. I understand that methodologies establishing a "reasonable basis" are: (i) calculations based on nutrient databases, such as the Brewer’s Association database (
https://www.brewersassociation.org/business-tools/selling-your-beer/fda-menu-label-requirements-beer-nutrient-database/#nutritional
) and the USDA National Nutrient Database for Standard Reference (
https://ndb.nal.usda.gov/ndb/); and (ii) laboratory analysis. If a database was used, I attest that the database was used appropriately and in accordance with its instructions.
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Accuracy of Nutrient Information:
All Nutrient Information for my Establishment's beverages entered into BeerBoard's website is accurate and consistent with the specific basis used to determine nutrient values for each beverage. I understand the Nutrient Information to be provided includes the following for a 12 ounce serving, provided that if a beverage contains "insignificant amounts"
1
of six or more of the required nutrients, the declaration of Nutrient Information may be presented in a simplified format
2
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Documentation:
My Establishment will maintain documentation to substantiate Nutrient Information entered into BeerBoard’s website, including the method and data used to derive nutrient values. If the basis for nutrient information is a nutrient database, my Establishment will maintain: (A) The name and version (including the date of the version) of the database, and, as applicable, the name of the applicable software company and any website address for the database; (B) The recipe or formula used as a basis for the nutrient declarations; (C)(1) Information on: (i) the amount of each nutrient that the specified amount of each ingredient identified in the recipe contributes to the beverage; and (ii) How the database was used including calculations or operations (e.g., worksheets or computer printouts) to determine the nutrient values for the beverages; and (2) If the information in (C)(1) of this section is not available, certification attesting that the database will provide accurate results when used appropriately and that the database was used in accordance with its instructions; (D) A detailed listing (e.g., printout) of the nutrient values determined for each beverage; (E) Any other information pertinent to the final nutrient values of the beverage (e.g., information about what might cause slight variations in the nutrient profile such as moisture variations). If the basis for Nutrient Information is laboratory analysis, my Establishment will maintain: (A) A copy of the recipe for the beverage used for the nutrient analysis; (B) The name and address of the laboratory performing the analysis; and (C) Copies of analytical worksheets, including the analytical method, used to determine and verify nutrition information. If at any time BeerBoard requests that my Establishment provide the documents required to be maintained pursuant to this term, my Establishment will provide such documents within 10 (ten) days upon request. Any documentation provided to BeerBoard under this term may be shared with other parties, including BeerBoard’s retail customers, at BeerBoard’s discretion.
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There is a continuing duty to supplement information due to a change in recipe or preparation. An Establishment may rely on a one-time calculation, as long as that nutrition information remains accurate and consistent with the specific basis used to determine nutrient values. Recalculation of the nutrition information would only be necessary if there are changes to the recipe or preparation that would result in a change in the Nutrient Information.
