1401.05(e) Identification and Classification of “Food Additives”
Under the 10th edition of the Nice Agreement, identifications of goods in the nature of food additives must indicate the generic name of the product (e.g., lecithin, glucose, or pectin) as well as the purpose of the food additive. See TMEP §1401.11(c) for further explanation.
Proper classification may be based on purpose (e.g., industrial purpose as a raw ingredient for manufacturing food, medical purpose as a dietary supplement, or culinary purpose). In the case of food additives for culinary purposes, the particular characteristics of the substance(s) may affect classification. For example, “lecithin for culinary purposes” is classified in Class 29 because lecithin is a fat-like substance found in the cell membranes of plants and animals, and “edible fats” are in the Class 29 class heading. “Glucose for culinary purposes,” however, is classified in Class 30 because glucose is a sugar-like substance, and “sugar” is in the Class 30 class heading.