FDA proposes to extend compliance dates for Nutrition Facts label final rules

The move is in response to concerns companies and trade associations have shared with the agency regarding the time needed for implementation.

The FDA said it is proposing to extend the compliance dates for the Nutrition Facts and Supplement Facts label final rule and the Serving Size final rule 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 to comply — until Jan. 1, 2021.

The FDA said is committed to making sure that consumers have the facts they need to make informed decisions about their diet and the foods they feed their families. The proposed rule addresses only the compliance dates. The agency is not proposing any other changes to the Nutrition Facts Label and Serving Size final rules.

The FDA said it is proposing to extend the compliance dates in response to the continued concern that companies and trade associations have shared with it 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.

Pending completion of this rulemaking, The FDA said it 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 October 2, 2017. The FDA said it is accepting comments only on the extension of the compliance dates.

Electronic comments may be submitted to http://www.regulations.gov. Written comments may be submitted 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.”