While generally expected for months (e.g., since the menu labeling compliance date extension) and recently the subject of a “tweet” from FDA Commissioner Gottlieb, the agency now officially has proposed to extend by about 1.5 years the compliance date for the final rules that will provide updated nutrition information on the labels of most conventional foods and dietary supplements. FDA proposes extending the compliance dates:
- From July 26, 2018, to January 1, 2020 for manufacturers with $10 million or more in annual food sales; and
- From July 26, 2019, to January 1, 2021 for manufacturers with less than $10 million in annual food sales.
These proposed compliance dates would not align (as some in industry had hoped) the revision of Nutrition Facts and Supplement Facts on labels with the label revisions anticipated once AMS publishes (no later than July 29, 2018) and implements final rules for disclosing the presence of bioengineered materials in these same products.
The compliance date extension proposal applies to the two final rules published by FDA on May 27, 2016:
- Food Labeling: Revision of the Nutrition and Supplement Facts Labels; and
- 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.
FDA’s proposed rule is subject to a 30-day comment period. Electronic or written comments should be submitted by the end of October.