October 3, 2017
Authored and Edited by Jeffrey D. Smyth; Thomas L. Irving
On October 2, 2017, FDA published a proposed rule that would extend the deadline for complying with two final rules that require manufacturers to update nutrition information on food labels. FDA is currently accepting comments on the proposed rule.
In May 2016, FDA issued two final rules related to food labeling. The first rule, “Food Labeling: Revision of the Nutrition and Supplement Facts Labels” (FDA-2012-N-1210-0875), revises the format and content of the Nutrition Facts label. The second rule, “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” (FDA-2004-N-0258-0136), relates to serving sizes and labeling single-serving containers. The original compliance deadline for these rules is July 26, 2018 or July 26, 2019, depending on manufacturer size.
The purpose of the proposed extension is to address concerns FDA has received regarding the need for additional time to meet the new requirements. Specifically, companies and trade associations have expressed concern with their ability to meet the compliance deadlines due to various issues including upgrading labeling software, obtaining updated nutrition information from suppliers, the number of products requiring new labels, and products needing to be reformulated. FDA also noted additional time would help ensure enough time to comply with FDA guidance on technical questions that were submitted after publication of the final rules.
The proposed rule extends the compliance deadline by almost eighteen months. The deadline for large manufacturers (those with $10 million or more in annual food sales) would move from July 26, 2018 to January 1, 2020 and the deadline for small manufacturers (those with less than $10 million in annual food sales) would move from July 26, 2019 to January 1, 2021.
FDA explained the principal benefit of the deadline extension is reducing costs to the industry associated with meeting the current compliance dates. FDA also recognized that the extension would reduce the realization by consumers of the benefits of the new labelling rules, but estimated an overall net benefit of $0.1 billion resulting from this proposed rule.
Comments on the proposed rule are due by November 1, 2017. The proposed rules only impacts the compliance dates and so comments should address only the proposed extension.
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