FDA promises to clarify menu-labeling rules next month

The Food and Drug Administration said it will issue detailed guidelines next month to clarify what foodservice facilities are subject to the menu labeling requirements included in the Affordable Care Act and precisely what they need to do to comply. 

“We have received numerous requests asking us to further interpret portions of the final rule or to respond to questions asking whether specific practices would be acceptable for purposes of complying with the rule,” the FDA wrote in a Federal Register, the official medium for disclosing government proposals and decisions.

In addition, the agency noted, industries that believe they will are covered by the law have asked for more time to develop processes and procedures for complying. Among the enactment challenges were securing technology and software to handle nutritional analysis, as well as changing over menu boards and training staff.

“Therefore, allowing adequate time for covered establishments to fully implement the final rule’s requirements, as described in the requests, helps accomplish the primary objective of the final rule and is in the public interest,” the FDA wrote.

The ACA provision requires units of restaurant chains with more than 20 restaurants to reveal the calorie counts of all regular menu items on the bill of fare, and make available additional nutritional information upon request.  The FDA has other requirements for foods sold in retail establishments, like c-stores on the campuses of colleges, universities or healthcare facilities. Noncommercial operators have lamented that they’re not sure if the requirements apply to them, and exactly how.

The foodservice industry had requested federal menu-labeling laws as a preferable alternative to a hodgepodge of local and state regulations. But confusion about the requirements had prompted operators and their trade associations to request a delay in enforcement. 

"We have been in full support of a nationwide uniform menu labeling standard since the very start,” Dawn Sweeney, CEO of the National Restaurant Association, said in the wake of the FDA’s decision. "This standard makes good sense for the industry and our customers. We will continue to work with FDA and our membership to ensure a smooth transition for restaurants and consumers alike."