Menu Labeling

FDA Menu Labeling Rule for Chain Restaurants

4/24/2017

UPDATE May 4, 2017: FDA Delays Menu Labeling Compliance until May 2018

The Food and Drug Administration (FDA) recently announced that they are delaying the compliance date for federal menu labeling requirements from May 5, 2017 to May 7, 2018. According to FDA, this extension allows for further consideration of what opportunities there may be to reduce costs and enhance the flexibility of these requirements beyond those reflected in the final rule.

Original Post April 24, 2017:
Chain Restaurants Must Begin to Comply with Final FDA Menu Labeling Rule on May 5, 2017
As of May 5, 2017, restaurants and similar foodservice businesses with 20 or more locations operating under the same name, and offering substantially the same menu items, must begin to provide calorie information for standard menu items. Additional nutrition information must be available upon request. This new requirement for chain foodservice establishments was enacted as part of the Affordable Care Act (ACA) several years ago; but enforcement had been delayed because of the lengthy Food and Drug Administration (FDA) rulemaking process. Recent efforts by Congress to repeal and replace parts of the ACA do not affect the menu labeling portion of the law because that has no budget impact. Barring any other congressional action, the FDA continues to move forward with enforcement plans.

Montgomery County is the only Maryland jurisdiction with its own menu labeling law/regulation, which differs slightly from the new federal rule. We have brought this to the attention of Montgomery County Health Department officials. We are waiting to hear how they intend to handle this so that we can subsequently advise our Montgomery County chain restaurants.

Now is the time for businesses covered by the new federal rule to execute compliance plans.

Because of the complicated compliance issues that may differ by type of foodservice operation, we are providing the following link to FDA compliance information and guidance:

https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ucm515020.htm

RAM Members may contact Melvin Thompson in the RAM office at mthompson@marylandrestaurants.com for help seeking additional clarification.