NAC Relays Menu Labeling Rule Compliance Date Clarification FDA Delays For A Year

CHICAGO -- The National Association of Concessionaires reports that the U.S. Food and Drug Administration has clarified the dates after which retail food establishments must be fully compliant with the menu-labeling requirements. Congress directed FDA to draft the rules as part of the regulatory framework mandated by the Affordable Healthcare Act of 2010.

That legislation requires nutrition labeling of standard menu items in restaurants and similar retail food establishments that are part of a chain of 20 or more stores doing business under the same name and offering substantially the same menu of restaurant-type foods. Vending operators who own or operate 20 or more machines must post the caloric content of food sold through their machines, subject to certain exemptions.

On July 9, FDA deputy commissioner for foods and veterinary medicine Michael R. Taylor issued a statement extending the compliance deadline to Dec. 1, 2016:

"The U.S. Food and Drug Administration appreciates and takes very seriously the extensive input it has received from stakeholders throughout the process of establishing requirements for menu labeling in restaurants and other retail food establishments," Taylor said. "The FDA is committed to working collaboratively with those establishments covered by the menu labeling final rule, including chain restaurants, covered grocery stores, and others to facilitate timely and efficient implementation of the new requirements.

"Since the FDA issued the menu labeling final rule on Dec. 1, 2014, the agency has had extensive dialogue with chain restaurants, covered grocery stores and other covered businesses, and answered numerous questions on how the rule can be implemented in specific situations," he explained. "Industry, trade and other associations, including the grocery industry, have asked for an additional year to comply with the menu labeling final rule, beyond the original December 2015 compliance date.

"The FDA agrees additional time is necessary for the agency to provide further clarifying guidance to help facilitate efficient compliance across all covered businesses, and for covered establishments to come into compliance with the final rule," the official continued. "The FDA is extending the compliance date for the menu labeling rule to Dec. 1, 2016, for those covered by the rule.

"To support compliance by this date, the FDA will continue to engage in discussions with the covered businesses and to answer questions about how the rule applies in particular situations," he said. "In addition, the FDA plans to issue in August 2015 a draft guidance document that provides answers to some of the more frequently asked and crosscutting questions that the agency has received, to further assist covered establishments in complying with the rule. This guidance document will be labeled 'draft' to reflect the FDA's openness to further comments and dialogue and to expanding the guidance as new questions arise.

"The FDA encourages companies to consider the information in the August guidance as they prepare to comply by December 2016," Taylor observed. "There will be an opportunity for comment on the draft guidance, and the FDA will review any comments received as quickly as possible. In addition to the guidance, the FDA will also provide educational and technical assistance for the covered businesses and for our state, local, and tribal regulatory partners to support reasonable and consistent compliance nationwide.

"Now and following the Dec. 1, 2016 compliance date, the FDA will work flexibly and collaboratively with individual companies making a good faith effort to comply with the law," the FDA executive concluded.

Established in 1944, the National Association of Concessionaires, represents the recreation and leisure-time food and beverage concessions industry. It is readying its annual Concession & Hospitality Expo for July 21 through 24 in Cincinnati, OH. It maintains a website at naconline.org.