nutritional fact labels

FDA proposes to extend compliance dates for Nutrition Facts label final rules

Proposal would give food manufacturers until 2020 to comply, while small manufacturers have until 2021.

The U.S. Food & Drug Administration is proposing to extend the compliance dates for the Nutrition Facts and Supplement Facts label final rule and the Serving Size final rule from July 26, 2018, to Jan. 1, 2020, for manufacturers with $10 million or more in annual food sales. Manufacturers with less than $10 million in annual food sales would receive an extra year to comply — until Jan. 1, 2021.

FDA is committed to making sure that consumers have the facts they need to make informed decisions about their diet and the foods they feed their families. The proposed rule addresses only the compliance dates. FDA is not proposing any other changes to the Nutrition Facts Label and Serving Size final rules.

The agency is proposing to extend the compliance dates in response to continued concerns companies and trade associations have shared with FDA regarding the time needed to implement the final rules. These stakeholders expressed concerns about their ability to update all products by the original compliance dates and the importance of obtaining clarification from FDA on a number of technical issues relating to the final rules.

Pending completion of this rule-making, FDA said it intends to exercise enforcement discretion with respect to the current July 26, 2018, and July 26, 2019, compliance dates.

Written or electronic comments on the extension of the compliance dates are being accepted for 30 days, beginning Oct. 2, 2017. FDA is only accepting comments on the extension of the compliance dates.

Submit electronic comments to www.regulations.gov. Submit written comments to the Division of Dockets Management (HFA-305), Food & Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. All comments should be identified with Docket No. FDA-2012-N-1210 for “Food Labeling: Revision of the Nutrition and Supplement Facts Labels; Extension of Compliance Date” or Docket No. FDA-2004-N-0258 for “Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Extension of Compliance Dates.”

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