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FDA Clarifies December 1, 2016 Menu Labeling Compliance Deadline

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November 30, 2016

In May 2016, the U.S. Food and Drug Administration (FDA) issued final guidance on menu food labeling regulations. Now, the agency is clarifying specifics regarding the rule’s compliance date.

An FDA-issued statement reads:

“In December 2015, section 747 of the 2016 Omnibus Bill prohibited FDA from using appropriated funding to implement, administer, or enforce the menu labeling requirements until one year after FDA finalized the draft September 2015 menu labeling guidance. While FDA originally issued a statement indicating the Omnibus Bill extended the compliance date, FDA is clarifying that the compliance date remains December 1, 2016, but, consistent with the Omnibus Bill, FDA 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.”

The previously issued guidance--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 meant to be a resource that helps businesses to comply with the menu labeling final rule. It also answers many frequently asked questions the FDA has fielded to date. It differs from the draft guidance by providing additional examples and new or revised questions and answers on topics such as covered establishments, alcoholic beverages, catered events, mobile vendors, grab-and-go items, and record keeping requirements.

More from Food Safety Magazine on Menu Labeling:
FDA Answers Food Manufacturers' Questions on Compliance Dates, Menu Labeling and More
FDA Issues Final Guidance on Menu Labeling
Menu/Ingredient Transparency

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Author(s): Staff

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