Updated: FDA Publishes New Food Labeling Requirements | Practical Law

Updated: FDA Publishes New Food Labeling Requirements | Practical Law

The Food and Drug Administration (FDA) has published two new rules that separately require chain restaurants and food vending machine operators to provide consumers with certain nutritional information about the food these businesses sell.

Updated: FDA Publishes New Food Labeling Requirements

Practical Law Legal Update 7-589-7725 (Approx. 5 pages)

Updated: FDA Publishes New Food Labeling Requirements

by Practical Law Commercial
Law stated as of 01 Aug 2016 • USA (National/Federal)
The Food and Drug Administration (FDA) has published two new rules that separately require chain restaurants and food vending machine operators to provide consumers with certain nutritional information about the food these businesses sell.
On November 25, 2014, the Food and Drug Administration (FDA) issued a press release to announce that it has finalized two rules requiring that businesses provide consumers with certain nutritional information when those consumers purchase food from certain:
Both of these new rules are required under the 2010 Affordable Care Act (ACA). Food providers, both in chain restaurants and through vending machines, should review these new rules to ensure that their business practices comply with the new requirements.
For more general information on FDA food labeling requirements, see Practice Note, FDA Food Labeling: Overview.

Nutrition Labeling of Standard Menu Items in Restaurants

This new final rule:
  • Applies to restaurants and similar retail food establishments if they are:
    • part of a chain of 20 or more locations;
    • doing business under the same name; and
    • offering for sale substantially the same menu items.
  • Requires covered businesses to provide consumers with written calorie and other nutrition information.
The term "restaurants and similar retail food establishments" includes a variety of businesses, including:
  • Bakeries.
  • Coffee shops.
  • Convenience stores.
  • Delicatessens.
  • Food take-out and/or delivery establishments.
  • Grocery stores.
  • Table service restaurants.
The rule establishes how businesses must provide calorie and nutritional information to consumers (for example, upon request or by clearly and conspicuously posting this information on menus) and which foods are subject to this requirement. This rule becomes effective on December 1, 2015.

Calorie Labeling of Articles of Food in Vending Machines

This final rule requires vending machine operators who own or operate 20 or more vending machines to disclose calorie information for food sold from their vending machines. These calorie disclosures:
  • Must be:
    • clear and conspicuous; and
    • placed prominently.
  • May be placed on a sign that is in, on or near the vending machine, if the sign is in close proximity to the food or selection button.
This new requirement generally does not apply to vending machine food where the consumer can view certain calorie information either on:
  • The front of the package.
  • The Nutrition Facts label on the food.
This rule becomes effective on December 1, 2016.

Update

The compliance date for the Menu Labeling Final Rule has been pushed back due to Congress' omnibus budget bill. The compliance date will now be one year after the FDA issues its final guidance on the menu labeling requirements.
The compliance date for the menu labeling regulations will remain unclear until the draft guidance is finalized, pursuant to restrictions on FDA funding that were approved in the budget bill. The FDA is currently reviewing the draft guidance and plans to issue the final guidance as soon as possible.

Update II

The compliance date for certain requirements of the FDA's calorie labeling in vending machines rule (79 Fed. Reg. 71259-01) has been extended to accommodate reconsideration of the rule's requirements pertaining to the size of calorie disclosures on front-of-package labeling. The new effective date for this finale rule (81 Fed. Reg. 50303) is December 1, 2016. It extends compliance dates for type size front-of-pack labeling and calorie disclosure requirements for certain gums, mints, and roll candy products in glass-front machines to July 26, 2018. The compliance date for all other requirements in the original guidance remains December 1, 2016.