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Consumer Affairs

FDA Releases Guidance On Federal Menu Labeling Requirements

Proposed regulations deal with chain restaurants, state and local laws



The Food and Drug Administration (FDA) has released two documents that outline steps to help chain restaurants comply with new federal nutrition labeling requirements.

"One of the most important things we can do when it comes to the nation's health is to provide simple basic information to the American people so they can make choices that are best for them and their family," said FDA Commissioner Margaret Hamburg, M.D. "The menu labeling program will help Americans get the facts about food choices that are available to them in restaurants and vending machines so they know what is in the food and can make healthier selections."

Section 4205 of the Affordable Care Act, signed into law in March 2010, set new federal requirements for nutrition labeling for foods sold at certain chain restaurants and similar retail food establishments. Establishments with 20 or more locations may be affected.

Working papers

The documents released by the FDA include:

• A draft guidance document describing implementation of certain provisions of the federal law. For certain restaurants and similar retail food establishments, these statutory provisions include posting the number of calories for standard menu items on menus and menu boards, providing additional nutrition information in writing, and posting clearly on menus and menu boards that such information is available upon request. These establishments also must post calorie information for self-serve items and foods on display.

• A final guidance document for industry regarding the effect of the new federal nutrition labeling requirements on state and local laws.

The draft guidance states that the FDA realizes that industry may need additional information and time to comply with the new provisions, and that the agency expects to refrain from enforcement action for a time period that will be provided in the guidance once it is finalized. The agency is interested in comments from the public on the appropriate length of this time period.

Your opinion

Comments may be submitted by mail to:

The Division of Dockets Management

HFA-305

Food and Drug Administration

5630 Fishers Lane, Room 1061

Rockville, MD 20852

Comments may also be submitted electronically to the docket by following these directions:

1. Choose "Submit a Comment" from the top task bar

2. Enter one of the following docket numbers in the "Keyword" space:

• July 7, 2010 docket notice: FDA-2010-N-0298

• August 24, 2010 Draft Guidance for Industry: Question and Answers Regarding Implementation of the Menu Labeling Provisions of Section 4205 of the Patient Protection and Affordability Care Act of 2010: FDA-2010-D-0370

• August 24, 2010 Guidance for Industry: Questions and Answers Regarding the Effect of Section 4205 of the Patient Protection and Affordability Care Act on State and Local Menu and Vending Machine Labeling Laws August 2010: FDA-2010-D-0354

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