Updated: FDA Issues New Draft Food Guidance for Restaurants | Practical Law

Updated: FDA Issues New Draft Food Guidance for Restaurants | Practical Law

The Food and Drug Administration (FDA) recently released new draft guidance for labeling food items on a menu: A Labeling Guide for Restaurants and Retail Establishments Selling Away- From-Home Foods - Part II (Menu Labeling Requirements in Accordance with 21 CFR 101.11); Draft Guidance for Industry.

Updated: FDA Issues New Draft Food Guidance for Restaurants

Practical Law Legal Update w-000-5940 (Approx. 4 pages)

Updated: FDA Issues New Draft Food Guidance for Restaurants

by Practical Law Commercial Transactions
Law stated as of 18 May 2016 • USA (National/Federal)
The Food and Drug Administration (FDA) recently released new draft guidance for labeling food items on a menu: A Labeling Guide for Restaurants and Retail Establishments Selling Away- From-Home Foods - Part II (Menu Labeling Requirements in Accordance with 21 CFR 101.11); Draft Guidance for Industry.
On September 16, 2015, the Food and Drug Administration (FDA) released new food labeling draft guidance for restaurants and similar food establishments: A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods - Part II (Menu Labeling Requirements in Accordance with 21 CFR 101.11); Draft Guidance for Industry (Restaurant Draft Guidance).
The Restaurant Draft Guidance describes, among other things:
  • The required nutrition labeling for foods sold in covered establishments.
  • How parties may present calorie and nutrition labeling information.
  • When parties must provide nutrition labeling for exempt foods.
  • The reasonable basis means by which parties may derive nutrient values.
When finalized, the Restaurant Draft Guidance will provide restaurants and similar retail food establishments with the FDA’s recommendations for complying with federal menu labeling requirements.
Parties can submit either electronic or written comments on the draft guidance until November 2, 2015.
For more information on the FDA’s menu labeling requirements, see Legal Updates, FDA Publishes New Food Labeling Requirements and FDA Releases New Food Labeling Guidance.

Update

On May 5, 2016, the FDA released a finalized version of the restaurant and retail guide for selling away-from-home foods. The new version includes modifications based on the comments received during the public comment period in 2015, including:
  • New questions and answers at Sections 5.5, 5.7, 5.11, 5.17, 5.35, 7.11, and 7.12.
  • Additional examples to clarify how the provisions of 21 CFR 101.11 apply to various situations.
The FDA has also announced that enforcement of its final rule will begin on May 5, 2017.