Final Rule Information
Vending Machine Final Rule: Food Labeling; Calorie Labeling of Articles of Food in Vending Machines (published December 2014) - Requires operators who own or operate 20 or more vending machines, or who own or operate fewer than 20 vending machines and voluntarily register to be covered by the rule, to disclose calorie information for food sold from vending machines, subject to certain exemptions.
2019 Final Rule on Front of Package Type Size
Vending machine operators may choose to rely on front-of-pack labeling to disclose calories on food items that consumers can see in glass-front vending machines. On October 25, 2019, FDA published the final rule Food Labeling: Calorie Labeling of Articles of Food Sold from Certain Vending Machines to reduce the regulatory burden on industry while ensuring that consumers continue to have visible front-of-package calorie information as they purchase an item. FDA previously required that the type size for calorie information be at least 50 percent of the size of the largest printed item on the label. Now, the front-of-package calorie declaration must be at least 150 percent the minimum required size of the net weight declaration on the package of the food item.
Guidance for Industry
- Draft Guidance: Calorie Labeling of Articles of Food in Vending Machines: Guidance for Industry
- Small Entity Compliance Guide: Calorie Labeling of Articles of Food in Vending Machines: Guidance for Industry
- FDA Form 3757 for voluntary registration.
- For questions related to Vending Machine Labeling contact CalorieLabelingVend@fda.hhs.gov.
- The compliance date is December 1, 2016 for all provisions of the final rule except for front of pack calorie declarations on food products sold in glass-front vending machines, and calorie declarations for gums, mints and roll candy products sold in glass front vending machines in packages that are too small to bear front-of-package labeling.
- For front-of-package calorie declarations on food products sold in glass-front vending machines, FDA extended the compliance date to July 26, 2018. However, in July 2018, FDA proposed to amend the front-of-pack calorie labeling requirements for foods sold in glass front vending machines and proposed a compliance date of January 1, 2020. Pending completion of this rulemaking, FDA intends to exercise enforcement discretion to provide sufficient time for the packaged food industry to revise their labels consistent with any new requirements.
- FDA also intends to exercise enforcement discretion, at least until January 1, 2020, with respect to calorie declaration requirements for gums, mints, and roll candy products sold in glass front machines in packages that are too small to bear front-of-package labeling. FDA intends to consider this issue further.
Dockets provide information on the development of Federal regulations and other related documents issued by the U.S. government. You will find comments submitted for each final rule in the docket folders.
Vending Machines Labeling Docket: FDA-2011-F-0171