NACS Issues Call to Action on FDA’s Menu Labeling Rule!

The Food and Drug Administration’s menu labeling rule extends requirements to disclose calorie and nutritional information to some convenience stores, retail food establishments and restaurants that serve ready-to-eat prepared foods. The rule is set to go into effect in May of 2018. NACS has championed legislation called the Common Sense Nutrition Disclosure Act which would amend the FDA’s rule and provide convenience stores with regulatory relief in critical areas of the rule. A vote may occur as soon as Tuesday, February 6.

One of the primary challenges associated with the FDA’s menu labeling rule has been identifying what is considered a covered establishment under the rule. FDA’s guidance document defines a covered establishment as one that meets the four requirements outlined below:

• Have 20 or more locations (with the term location referring to a fixed position or site);
• Be doing business under the same name (regardless of the type of ownership, such as individual franchises). When the term “name” refers to the name of the establishment presented to the public, the term “same” includes names that are slight variations of each other, due to things such as the region, location, or size (e.g., “ABC” and “ABC Express”);
• Sell substantially the same menu items; and
• Sell restaurant-type foods (defined, in part, as food that is usually eaten on the premises, while walking away, or soon after arriving at another location).

While most PMCI members will be excluded from the scope of the rule by the 20 or more locations criteria above, PMCI members operating a single store under a brand name may fall within the scope of the rule depending on how the name of the establishment is presented to the public.

According to NACS, the United States House of Representatives is set to consider legislation on the floor tomorrow to address many of industry’s concerns with the Menu Labeling Rule. H.R. 772 – the Common Sense Nutrition Disclosure Act would amend the FDA’s current rule to make compliance much less burdensome on the convenience store industry.

NACS grassroots page has a letter prepared for you to submit to your United States Representative. Please take the couple of minutes required to fill out this letter requesting your Representative to support the Common Sense Nutrition Disclosure Act.