FDA Announces One-Year Delay In Menu-Labeling Rule

by Kerri Jackson Case ([email protected]) 137 views 

The Food and Drug Administration has delayed the effective date for a new federal menu-labeling regulation for chain restaurants until Dec. 1, 2016, the agency announced this month. The FDA had originally set Dec. 1, 2015 as the compliance date but said that it is extending the date in response to requests and in order to further clarify the rule’s requirements.

“Since the FDA issued the menu labeling final rule…, 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,” said Michael R. Taylor, FDA Deputy Commissioner for Foods and Veterinary Medicine in a statement. “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.”

As part of the Affordable Care Act of 2010, the FDA will now require retail food establishments that are part of a chain with 20 or more locations operating under the same name with essentially the same menu to provide calorie and other nutrition information for standard menu items to consumers in a direct and accessible manner.

The National Restaurant Association said it supports a nationwide, uniform menu-labeling standard for chain restaurants that provides flexibility for restaurants and preempts a patchwork of state and local laws.

Arkansas restaurants also support a more uniform approach. “The McDonald’s Central Arkansas Co-op supports the efforts of McDonald’s USA to help customers make informed decisions about what they eat and drink, which is why we have provided nutrition information for our customers for more than 35 years,” said David Stokes, McDonald’s Central Arkansas Co-op President. “McDonald’s has long-supported a national menu labeling standard and began voluntarily posting calorie information nationwide on its U.S. menu boards in September 2012. We also make nutrition information available in a variety of other ways, including on tray liners, packaging and on our website.”

Arkansas has very few state specific regulations regarding menu labeling. Catfish must be identified if it does not come from the United States.

“A uniform set of standards makes sense for the larger chains,” said Montine McNulty, executive director of the Arkansas Hospitality Association. “Restaurants are becoming much more savvy about what customers want. Many of the small independents are volunteering this information on their own. So we want to be sure diners get what they want to know, but we don’t want to hurt creativity of restaurants, especially those who provide a seasonal menu or specials.”

The FDA said it is preparing additional guidance to help restaurateurs and other covered establishments understand how to implement the law. The agency released extensive regulations last November but industry groups say significant questions remain. The agency is expected to release more guidance later this summer.