Editor’s Note: On September 29, 2017, FDA proposed to extend the compliance dates for the Nutrition Facts panel final rule to January 1, 2020 for manufacturers with $10 million or more in annual food sales. Manufacturers with less than $10 million in annual food sales have one extra year to comply. Pending completion of this rulemaking, FDA intends to exercise enforcement discretion with respect to the current July 26, 2018, and July 26, 2019, compliance dates.
The past four years have been busy ones for FDA. On December 1, 2014, FDA published two final rules stating that calorie information must be listed on menus in chain restaurants and on vending machines. In May 2016, FDA published two final rules updating nutrition information for food products, including new serving sizes, new daily values for nutrients, and new content and format requirements for the Nutrition Facts panel.
The menu labeling rule requires calorie information to be listed on menus and menu boards in restaurants and similar retail food establishments. It also requires additional nutritional information be available to consumers upon request. This rule applies to restaurants and similar retail food establishments with 20 or more locations that offer “substantially the same menu items.” The rule also applies to some establishments that sell prepared food eaten on location or soon thereafter, like coffee shops, convenience stores, and some entertainment venues like concert arenas and movie theaters.
In September of 2015, FDA issued a draft menu labeling guidance to assist the industry with complying with the menu labeling rule. The 2016 Omnibus Bill prevented FDA from enforcing the final menu labeling rules until one year after the draft menu labeling guidance was issued, so FDA set an enforcement date of May 5, 2017. In May 2017, FDA announced that it was extending the compliance date for this rule to May 7, 2018 in response to comments from the industry.
The vending machine rule requires calorie information to be listed on certain vending machines. The rule applies to vending machines owned or operated by a person or business engaged in the business of owning or operating 20 or more vending machines. The compliance date was set for December 1, 2016. In mid-2016 after the Nutrition Facts final rules were published, several industry groups noted that food products in glass-front vending machines requiring front-of-pack calorie labeling would also need to comply with the new Nutrition Facts rules. These groups requested that FDA align the two compliance dates so they could make all the required label changes at one time. In response, FDA issued an extension to the compliance date for these vending machine products to July 26, 2018.
In the new Nutrition Facts rules, 81 FR 33741 and 891 FR 34000, FDA set compliance dates of July 26, 2018 for most manufacturers. However, last month FDA issued a press release stating it intends to extend the compliance date for the Nutrition Facts final rules to provide additional time for manufacturers to implement changes to their labels. FDA stated that it will issue a Federal Register Notice with more details on the extension.
Those in the food industry, including food manufacturers, restaurant owners, and vending machine operators need to take note of the pertinent enforcement dates. The enforcement date of December 1, 2016 for vending machine calorie labeling has passed and applies to most products. The enforcement dates of May 7, 2018 (menu labeling) and July 26, 2018 (front of package labeling for glass front vending machines) are fast approaching, and FDA has not yet issued a formal extension to the Nutrition Facts Label final rules, so food industry members should get ahead of the game and bring their food labeling into compliance as soon as possible.
FDAImports.com has Regulatory Specialists with expertise in FDA regulation of food products, including the updated Nutrition Facts labeling requirements. If you need assistance bringing your labeling into compliance with any of the new rules, we encourage you to contact us at info@fdaimports.com.
