Health Reform WK-EDGE Front-of-package calorie declaration buys time for vending machine companies
Friday, August 5, 2016

Front-of-package calorie declaration buys time for vending machine companies

By Patricia K. Ruiz, J.D.

The FDA extended the compliance date to July 26, 2018, for final calorie declaration requirements for food products requiring front-of-package labeling sold from glass-front vending machines. The extension follows the requests of several trade associations because of concerns regarding the requirements for the size of the front-of-pack calorie disclosures (Final rule, 81 FR 50303, August 1, 2016).

Enforcement date change. The FDA is extending the compliance date to July 26, 2018, for foods sold from glass-front vending machines that require front-of-package labeling. Certain gums, mints, and roll candy sold in vending machines also fall under the extension. The December 1, 2016, compliance date still applies in most circumstances, such as foods without visible front-of-package labeling and foods sold in vending machines using electronic displays or used to sell unpackaged products.

Labeling requirements. Section 403(q) of the federal Food, Drug and Cosmetic Act (FDC Act) requires that food offered for sale adhere to labeling requirements and include information such as the serving size and calories per serving. Previously, the requirements exempted food served in restaurants for immediate consumption; food processed and prepared in a retail establishment and ready for human consumption; and food offered for sale in restaurants that was not for immediate consumption but was not offered for sale outside of the establishment. Section 4205 of the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) removed the exemption for restaurants, retail food establishments, and vending machine chains with 20 or more locations (see Final menu labeling guide for restaurants issued, enforcement date set, May 11, 2016).

The ACA modified the exemptions and required the establishments to disclose in a clear and conspicuous manner the calories for each standard menu item and the suggested daily caloric intake specified by HHS. Previously, the FDA set an effective date of December 1, 2016 (Final rule, 79 FR 71259, December 1, 2014) (see Vending machine labeling requirements released with menu labeling rule, December 3, 2014).

FederalRegisterIssuances: FinalRules NewsFeed AgencyNews FoodNews

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