Industry mixed on whether rule should proceed, as smaller retailers feel it will bring additional burdens on them.

Jacqui Fatka, Policy editor

April 28, 2017

2 Min Read
FDA prepares to delay menu labeling rule

The U.S. Food & Drug Administration is delaying the menu labeling rule, which provides consumers with nutritional information on the foods they purchase. The menu labeling rule, which was included as part of the Affordable Care Act, was set to go into effect on May 5, 2017—seven years after the law was enacted.

FDA filed an interim final rule for White House review to provide the food industry with more time to comply with the regulations.

Congress in 2010 required that calorie information be listed on menus and menu boards in certain chain restaurants and similar retail food establishments with 20 or more locations and on certain vending machines. In 2014, FDA finalized rules implementing the statutory menu labeling and vending machine labeling requirements.

The delay was requested by the likes of The Association for Convenience & Fuel Retailing (NACS) and the National Grocers Assn. However, the National Restaurant Assn. said its members were prepared for the change and did not need a delay.

In a statement, NACS said “the menu labeling regulations established by the FDA do not account for the varying approaches to foodservice between big-chain restaurants, convenience stores, grocery stores and delivery operations such as pizza chains.”

The National Restaurant Assn., however, strongly cautioned against any actions that would delay implementation of the menu labeling law.

Previously, menu labeling laws were being passed on a state-by-state or city-by-city basis, and in some cases, counties were competing with cities to pass similar laws. "If the federal standard is repealed, we will once again return to this patchwork approach that will be even more burdensome for restaurants to implement and will not have the legal safeguards included in the federal law,” said Cicely Simpson, National Restaurant Assn. executive vice president of government affairs and policy. “We must protect small businesses by not delaying implementation of this important rule.”

About the Author(s)

Jacqui Fatka

Policy editor, Farm Futures

Jacqui Fatka grew up on a diversified livestock and grain farm in southwest Iowa and graduated from Iowa State University with a bachelor’s degree in journalism and mass communications, with a minor in agriculture education, in 2003. She’s been writing for agricultural audiences ever since. In college, she interned with Wallaces Farmer and cultivated her love of ag policy during an internship with the Iowa Pork Producers Association, working in Sen. Chuck Grassley’s Capitol Hill press office. In 2003, she started full time for Farm Progress companies’ state and regional publications as the e-content editor, and became Farm Futures’ policy editor in 2004. A few years later, she began covering grain and biofuels markets for the weekly newspaper Feedstuffs. As the current policy editor for Farm Progress, she covers the ongoing developments in ag policy, trade, regulations and court rulings. Fatka also serves as the interim executive secretary-treasurer for the North American Agricultural Journalists. She lives on a small acreage in central Ohio with her husband and three children.

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