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Calorie Labeling on Menus and Menu Boards in Chain Restaurants, Retail Food Establishments

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Update – Calorie Labeling on Menus and Menu Boards in Chain Restaurants, Retail Food Establishments – FDA is clarifying that the Compliance Date for its Final Rule on Nutrition Labeling of Standard Menu Items “… remains December 1, 2016, but, [the Agency] will not begin enforcing the final rule until May 5, 2017, which is one year after the date that the Notice of Availability for the final guidance published in the Federal Register …”

Document Title: * The title of the November 29, 2016 FDA CFSAN Constituent Update is “Clarification on Menu Labeling Compliance Date”
* The title of the May 5, 2016 FDA Federal Register Proposed Rule is “A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods–Part II (Menu Labeling Requirements in Accordance With the Patient Protection Affordable Care Act of 2010); Guidance for Industry; Availability”
* The title of the April 29, 2016 FDA CFSAN Constituent Update is “FDA Issues Final Guidance on Menu Labeling”
* The title of the March 9, 2016 FDA Statement is “FDA statement on Menu Labeling Enforcement”
* The title of the September 16, 2015 FDA Federal Register Proposed Rule is “A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods–Part II (Menu Labeling Requirements in Accordance with the Patient Protection Affordable Care Act of 2010); Draft Guidance for Industry; Availability”
* The title of the September 11, 2015 FDA CFSAN Constituent Update is “FDA Statement on Release of Menu Labeling Guidance”
* The title of the July 10, 2015 FDA Federal Register Final Rule is “Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date”
* The title of the July 9, 2015 FDA CFSAN Constituent Update is “FDA Statement on Extension of Menu Labeling Compliance Date”
* The title of the May 18, 2015 U.S. Senate Committee on Health, Education, Labor and Pensions Press Release is “32 Senators Urge FDA to Provide Clarity to Businesses Before Enforcing Menu Labeling Rule; Sens. Alexander, Murray lead bipartisan group in requesting one-year delay as FDA has not provided direction to businesses on ‘many of the key components of the final rule'”
* The title of the December 1, 2014 FDA Federal Register Final Rule is “Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments”

Organization: * The November 29, 2016, April 29, 2016 and September 11, 2015 Constituent Updates were issued by the FDA Center for Food Safety and Applied Nutrition Office of Public Affairs
* The May 5, 2016 and September 16, 2015 Federal Register Proposed Rules, July 10, 2015 and December 1, 2014 Federal Register Final Rules were signed on April 29, 2016, September 11, 2015, July 6, 2015, and November 19, 2014, respectively, by Leslie Kux who is the Associate FDA Commissioner for Policy
* The March 9, 2016 FDA Statement was issued by Dr. Susan Mayne, Director of the Center for Food Safety and Applied Nutrition

Source: * November 29, 2016, April 29, 2016, September 11, 2015 and July 9, 2015 FDA CFSAN Constituent Updates
* May 5, 2016 and September 16, 2015 FDA Federal Register Proposed Rules
* March 9, 2016 FDA Statement
* July 10, 2015 and December 1, 2014 FDA Federal Register Final Rules
* May 18, 2015 U.S. Senate Committee on Health, Education, Labor and Pensions Press Release

Comments Due By: Comments on FDA guidances may be submitted at any time.

Effective Date: The FDA Final Rule is effective December 1, 2015.
* Covered establishments must comply with the Rule on December 1, 2016, but, FDA will not begin enforcing the final rule until May 5, 2017

Web site: The November 29, 2016 FDA CFSAN Constituent Update is posted at
http://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm530949.htm

Additional information about FDA’s Menu and Vending Machines Labeling Requirements is available at
http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ucm217762.htm

The May 5, 2016 FDA Federal Register Proposed Rule, titled “A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods–Part II (Menu Labeling Requirements in Accordance With the Patient Protection Affordable Care Act of 2010); Guidance for Industry; Availability”, is posted at
http://www.gpo.gov/fdsys/pkg/FR-2016-05-05/html/2016-10462.htm

The April 2016 FDA Guidance for Industry, titled “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)”, is posted at
http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/ucm461934.htm
* Specifically at
http://www.fda.gov/downloads/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/UCM461963.pdf

The April 29, 2016 FDA CFSAN Constituent Update is posted at
http://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm498356.htm

The March 9, 2016 FDA Statement is posted at
http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ucm515020.htm#collapseThree

The September 16, 2015 FDA Federal Register Proposed Rule is posted at
http://www.gpo.gov/fdsys/pkg/FR-2015-09-16/html/2015-23232.htm

The September 15, 2015 FDA CFSAN Constituent Update, titled “FDA Announces Public Comment Period on Menu Labeling Guidance”, is posted at
http://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm462451.htm

The September 11, 2015 FDA CFSAN Constituent Update is posted at
http://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm461964.htm

The July 10, 2015 FDA Federal Register Final Rule is posted at
http://www.gpo.gov/fdsys/pkg/FR-2015-07-10/html/2015-16865.htm

The July 9, 2015 FDA CFSAN Constituent Update is posted at
http://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm453529.htm

The May 18, 2015 U.S. Senate Committee on Health, Education, Labor and Pensions Press Release is posted at
http://www.help.senate.gov/newsroom/press/release/?id=efba4249-25ba-4864-8dc5-1cd67908b4c5&groups=Chair

The December 1, 2014 FDA Federal Register Final Rule is posted at
http://www.gpo.gov/fdsys/pkg/FR-2014-12-01/html/2014-27833.htm

The November 25, 2014 FDA Constituent Update, titled “FDA Issues Final Menu and Vending Machine Labeling Requirements”, is posted at
http://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm423987.htm

The November 25, 2014 FDA News Release, titled “FDA finalizes menu and vending machine calorie labeling rules”, is posted at
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm423952.htm

The previous FIEN message related to this topic is posted at
http://www.fien.com/articleDisplay.php?id=36921

Contact: * Questions about the “Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods–Part II” may be directed to Ashley Rulffes who is with the FDA Center for Food Safety and Applied Nutrition in College Park, Maryland at 240 402 2371; e-mail: Ashley.Rulffes@FDA.HHS.gov
* Questions about the interpretation of the requirements of the food labeling regulations may be directed to the FDA CFSAN Office of Nutrition, Labeling, and Dietary Supplements in College Park, Maryland at 240 402 2373

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