December 2, 2016
Original Constituent Update
April 29, 2016
The U.S. Food and Drug Administration (FDA) announced today the publication of its final guidance for industry, “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).” The guidance is an important resource to help businesses comply with the menu labeling final rule. FDA guidance documents describe FDA’s interpretation of our policy on a regulatory issue. The draft guidance was announced in the Federal Register on September 16, 2015.
The FDA intends to begin enforcing the menu labeling final rule one year from the date that the Notice of Availability (NOA) is published in the Federal Register. The NOA for the guidance is expected to be published in early May 2016.
This guidance responds to many frequently asked questions that the agency has received 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 It differs from the draft guidance by providing additional examples and new or revised questions and answers on topics such as covered establishments, alcoholic beverages, catered events, mobile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.
The FDA is committed to working flexibly and cooperatively with establishments covered by the menu labeling final rule and to providing educational and technical assistance for state, local, and tribal regulatory partners to support consistent compliance nationwide. After release of the guidance, the agency will continue to conduct webinars and will hold menu labeling workshops that focus on specific stakeholder needs. The FDA will announce more information about these workshops at a later date. Covered establishments can send questions on menu labeling requirements to CalorieLabeling@fda.hhs.gov.
For More Information
- Final Guidance for Industry: 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)
- Guidance for Industry: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments: Small Entity Compliance Guide
- Final Rule: Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments