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FDA delays: 1 more year to menu labeling enforcement

It's official: Menu labeling enforcement waits another year.

May 1, 2017

It's official: The FDA says it is delaying the menu labeling rule's enforcement — originally set for Friday — for one year, until May 7, 2018. According to a news release from the agency, the government is extending the compliance date for menu labeling requirements to "allow for further consideration of what opportunities there may be to reduce costs and enhance the flexibility of these requirements beyond those reflected in the interim final rule."

The FDA said it is inviting comments for 60 days on the implementation of the menu labeling requirements. In its news release it specified that comments on additional approaches to reduce regulatory burden or increase flexibility related to signage regarding calorie content in self-serve food, including buffets and grab-and-go foods would be examples, as well as ways to provide calorie information on something other than a restaurant menu. The organization said it is also seeking information for setting the criteria for distinguishing between menus and other information presented to the consumer, as it relates to menu labeling. 

One organization already sending comments to the FDA is the NRA. In a news release, NRA Executive Vice President of Government Affairs and Policy Cicely Simpson said, "The National Restaurant Association is concerned with the impact of the delay in the implementation of the federal menu labeling law just days before the scheduled effective date. This delay upends plans that have been in motion for years throughout the food industry. We will continue to strongly advocate on behalf of what is best for small businesses and American consumers."

The FDA said in its news release that the extension is effective on this Thursday, May 4, 2017 when the Federal Register officially publishes it on what would have been the day before enforcement of the rule took effect after seven years of numerous delays. Instead, now the 60-day comment period begins Thursday when electronic comments to the FDA  can be submitted here.

Written comments should be sent to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, Maryland 20852 and should be identified with Docket No. FDA-2011-F-0172 for “Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date and Request for Comments.”

This site is continuing to monitor the situation and will update as news becomes available. 

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