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News & Press: Laws & Regulations

FDA announces delay in menu-labeling enforcement date

Thursday, March 10, 2016   (0 Comments)
Posted by: Joseph Hurley
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The FDA today formally acknowledged a delay in the Dec. 1, 2016, effective date for enforcement of federal menu-labeling regulations. In a statement today (full text of FDA’s statement is below) the agency said the federal menu-labeling rule won’t be enforced until one year after the FDA publishes final guidance on the law. As you remember, the FDA issued draft guidance in September and has been analyzing feedback on the draft guidance since then.

The NRA has been working closely with FDA to get the agency to clarify the enforcement date. Last December, Congress directed the FDA to push the law’s enforcement date until a year after the agency published guidance. However, until today the FDA had not formally confirmed that change. We are pleased to see today’s official confirmation.


FDA has not indicated when final guidance is coming. We will keep you posted as we know more. Please feel free to contact Joan McGlockton, jmcglockton@restaurant.org, with any questions.  


*** FDA STATEMENT ON MENU LABELING ENFORCEMENT ***

March 9, 2016

By Dr. Susan Mayne, Director, Center for Food Safety and Applied Nutrition

As a result of language in the omnibus appropriations bill enacted December 18, 2015 (Public Law 114-113 Consolidated Appropriations Act, 2016), FDA is delaying enforcement from December 1, 2016, to the date that is one year after it issues final, Level 1 guidance on menu labeling. The draft Level 1 guidance was issued on Sept. 11, 2015, and FDA is considering all comments received and will issue the final guidance as soon as possible.


FDA appreciates the extensive input received from stakeholders throughout the process of establishing requirements for menu labeling and in developing guidance. We will work flexibly and cooperatively with establishments covered by the menu labeling final rule to facilitate compliance and will provide educational and technical assistance for covered establishments and for our state, local, and tribal regulatory partners.


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