FDA Proposes to Extend Compliance Dates for Nutrition Facts Label Final Rules

FDA has proposed extending the compliance dates for the final rules for the Nutrition Facts and Supplement Facts Label and Serving Size 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 proposed extension is in response to the continued concern that companies and trade associations have shared with FDA regarding the time needed for implementation of the final rules. As the FDA Constituent Update stated, “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 proposed rule only addresses the compliance dates. FDA is not proposing any other changes to the Nutrition Facts Label and Serving Size final rules. Pending completion of this rulemaking, 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 October 2, 2017. FDA is only accepting comments on the extension of the compliance dates.

Submit electronic comments to http://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.”

For more Information, see:

• Proposed Rule: Food Labeling: Revision of the Nutrition and Supplement Facts Labels and 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
• Final Rule: Revision of the Nutrition and Supplement Facts Labels
• Final Rule: 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 
• Changes to the Nutrition Facts Label