October 3, 2017

FDA could extend final dates for Nutrition Facts Label Rules

The FDA has proposed extending the compliance dates for the Nutrition Facts and Supplement Facts label final rule for a year and a half for some facilities, and two and half years for others.

The agency would move the compliance date 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 and wouldn’t have to comply until Jan. 1, 2021.

The proposed rule only addresses the compliance dates. The FDA is not proposing any other changes to the Nutrition Facts Label and Serving Size final rules.

The agency said the proposed new dates are in response to the continued concern from companies and trade associations regarding the time needed for implementation of 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 the FDA on a number of technical issues relating to the final rules,” the release read.

Pending completion of this rulemaking, the FDA 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 on Oct. 2. The 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 and Drug Administration, 5630 Fishers Lane, rm. 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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