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National Restaurant Association - Menu labeling delayed again

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Menu labeling delayed again

The Food and Drug Administration said it is delaying the Dec. 1, 2016, effective date for enforcement of the government’s menu-labeling regulations.

The agency issued a statement March 9 indicating federal menu-labeling requirements will not be enforced until one year after the FDA publishes its final guidance on the rule. The menu-labeling requirement was part of the health care law President Obama signed into law in 2010.

The rule will require restaurants and similar retail food establishments with 20 or more locations operating under the same name and serving substantially the same menu items to post calorie information for standard menu items and provide guests with additional nutrition information upon request.

Enforcement originally was expected to begin Dec. 1, 2015 but has been delayed twice. Last July FDA moved the enforcement deadline to Dec. 1, 2016, saying affected businesses needed more guidance and time to comply. Then in December Congress directed the FDA to push the law’s enforcement date until one year after the agency published final guidance. FDA’s March 9 announcement makes this delay official.

The FDA issued draft guidance for affected businesses in September but is still analyzing the feedback and has not yet indicated when that final guidance will be coming.

“FDA appreciates the extensive input received from stakeholders throughout the process of establishing requirements for menu labeling and in developing guidance,” said Dr. Susan Mayne, the agency’s director for food safety and applied nutrition. “We will work flexibly and cooperatively with establishments covered by the menu labeling final rule to facilitate compliance and will provide educational and technical assistance.”

Joan McGlockton, the NRA’s vice president of industry relations and food policy, said the Association has long supported a nationwide, uniform menu-labeling standard for chain restaurants that provides flexibility for restaurants and preempts a patchwork of state and local laws.

“As the FDA prepares further guidance, we will continue to work with the agency to address issues of concern for our industry and ensure a smooth transition for restaurants and consumers alike,” she said.

Visit Restaurant.org/MenuLabeling for ongoing resources, including legal analyses, FAQs and links to FDA materials.

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