# Legally, what can be hidden under the banner of 'herbs and spices'? **URL:** \ **Category:** Factual Questions\ **Created:** [June 18, 2009, 3:04pm UTC](https://boards.straightdope.com/t/legally-what-can-be-hidden-under-the-banner-of-herbs-and-spices/500179 "2009-06-18T15:04:43Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [June 18, 2009, 3:04pm UTC](https://boards.straightdope.com/t/legally-what-can-be-hidden-under-the-banner-of-herbs-and-spices/500179/1 "2009-06-18T15:04:43Z")
Most food and beverages (except the alcoholic ones) have to list all of their ingredients on the familiar panel in unambiguous (or at least consistent) language so consumers know what they’re getting. However, it seems that some ingredients can be ‘labeled’ by blanket terms like ‘herbs and spices’ or similar. What ingredients can be hidden like this? Can ingredients with a pharmacological effect be hidden this way? ---
**Author:** ![Anthony\_N](https://avatars.discourse-cdn.com/v4/letter/a/858c86/32.png) [@Anthony\_N](https://boards.straightdope.com/u/Anthony_N)\ **Post date:** [June 18, 2009, 4:09pm UTC](https://boards.straightdope.com/t/legally-what-can-be-hidden-under-the-banner-of-herbs-and-spices/500179/2 "2009-06-18T16:09:22Z")
Here’s what the FDA guidelines for food labeling say: > [@](#): > > How are spices, natural flavors or artificial flavors declared in ingredient lists? > > Answer: These may be declared in ingredient lists by using either specific common or usual names or by using the declarations “spices,” “flavor” or “natural flavor,” or “artificial flavor.” > > “INGREDIENTS: Apple Slices, Water, Cane Syrup, Corn Syrup, Modified Corn Starch, Spices, Salt, Natural Flavor and Artificial Flavor” Source: [http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/FoodLabelingNutrition/FoodLabelingGuide/ucm064880.htm#spices](http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/FoodLabelingNutrition/FoodLabelingGuide/ucm064880.htm#spices) If a compound contains an active pharmacological ingredient, it would be labeled as a drug. ---
**Author:** ![ShibbOleth](https://avatars.discourse-cdn.com/v4/letter/s/848f3c/32.png) [@ShibbOleth](https://boards.straightdope.com/u/ShibbOleth)\ **Post date:** [June 18, 2009, 4:55pm UTC](https://boards.straightdope.com/t/legally-what-can-be-hidden-under-the-banner-of-herbs-and-spices/500179/3 "2009-06-18T16:55:59Z")
[Herb](http://www.threedonia.com/wp-content/uploads/2009/02/wkrp_l2.jpg) ---
**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\ **Post date:** [June 18, 2009, 5:27pm UTC](https://boards.straightdope.com/t/legally-what-can-be-hidden-under-the-banner-of-herbs-and-spices/500179/4 "2009-06-18T17:27:55Z")
In the USA, the exact requirements for what can be called a “natural flavour”, “artificial flavour”, or “spice” are laid out in [Section 501.22 of the Code of Federal Regulations](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=501.22): > [@](#): > > (a)(1) The term _artificial flavor_ or _artificial flavoring_ means any substance, the function of which is to impart flavor, which is not derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf or similar plant material, meat, fish, poultry, eggs, dairy products, or fermentation products thereof. Artificial flavor includes the substances listed in [172.515(b)](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=172.515) and [582.60](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=582.60) of this chapter except where these are derived from natural sources. > > (2) The term _spice_ means any aromatic vegetable substance in the whole, broken, or ground form, except for those substances which have been traditionally regarded as foods, such as onions, garlic and celery; whose significant function in food is seasoning rather than nutritional; that is true to name; and from which no portion of any volatile oil or other flavoring principle has been removed. Spices include the spices listed in [subpart A of part 582 of this chapter](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=582&showFR=1&subpartNode=21:6.0.1.1.23.1), such as the following: > > Allspice, Anise, Basil, Bay leaves, Caraway seed, Cardamon, Celery seed, Chervil, Cinnamon, Cloves, Coriander, Cumin seed, Dill seed, Fennel seed, Fenugreek, Ginger, Horseradish, Mace, Marjoram, Mustard flour, Nutmeg, Oregano, Paprika, Parsley, Pepper, black; Pepper, white; Pepper, red; Rosemary, Saffron, Sage, Savory, Star aniseed, Tarragon, Thyme, Turmeric. > > Paprika, turmeric, and saffron or other spices which are also colors, shall be declared as _spice and coloring_ unless declared by their common or usual name. > > (3) The term _natural flavor_ or _natural flavoring_ means the essential oil, oleoresin, essence or extractive, protein hydrolysate, distillate, or any product of roasting, heating or enzymolysis, which contains the flavoring constituents derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf or similar plant material, meat, seafood, poultry, eggs, dairy products, or fermentation products thereof, whose significant function in food is flavoring rather than nutritional. Natural flavors, include the natural essence or extractives obtained from plants listed in subpart A of part 582 of this chapter, and the substances listed in [172.510](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=172.510) of this chapter. So basically, all three types of ingredients have to be there primarily for flavouring purposes. “Spices” are whole or ground pieces of plants; “natural flavours” are substances extracted from plants or animals, and in the case of plants not consisting of the whole plant; and “artificial flavours” are everything else. The other sections I’ve linked to in the above quote basically contain long lists of plants, extracts, and chemicals that are included in the various categories, though of course these lists are not exhaustive. ---
**Author:** ![garygnu](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/garygnu/32/2924_2.png) [@garygnu](https://boards.straightdope.com/u/garygnu)\ **Post date:** [June 18, 2009, 5:29pm UTC](https://boards.straightdope.com/t/legally-what-can-be-hidden-under-the-banner-of-herbs-and-spices/500179/5 "2009-06-18T17:29:05Z")
> [@ShibbOleth](#): > > [Herb](http://www.threedonia.com/wp-content/uploads/2009/02/wkrp_l2.jpg) and [Spices](http://blogtown.portlandmercury.com/2008/03/12/spice_girls_retro.jpg). ---
**Author:** ![Auntbeast](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Auntbeast](https://boards.straightdope.com/u/Auntbeast)\ **Post date:** [June 18, 2009, 6:25pm UTC](https://boards.straightdope.com/t/legally-what-can-be-hidden-under-the-banner-of-herbs-and-spices/500179/6 "2009-06-18T18:25:42Z")
> [@ShibbOleth](#): > > [Herb](http://www.threedonia.com/wp-content/uploads/2009/02/wkrp_l2.jpg) Love you. I’m a bit weirded out by all the things that one can do to something to extract “natural flavoring.” ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [June 18, 2009, 6:29pm UTC](https://boards.straightdope.com/t/legally-what-can-be-hidden-under-the-banner-of-herbs-and-spices/500179/7 "2009-06-18T18:29:18Z")
> [@](#): > > Legally, what can be hidden under the banner of ‘herbs and spices’? Really, herbs and spices consist of herbs and spices. You can’t hide “chemicals” under this name. > [@](#): > > Can ingredients with a pharmacological effect be hidden this way? Sure they can. Some herbs and some spices have a pharmacological effect. The real world can’t be so easily separated into “natural” things that are good and “chemicals” that are evil. The natural and the chemical are legally separated out on ingredients lists in the U.S. but the effects of each group overlap with some in each group positive, some neutral, and some negative, all to greatly varying degrees and with different effects in different people.