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Gear Up for the FDA’s Menu Labeling Regulations

Gear Up for the FDA’s Menu Labeling Regulations

January 23, 2014

Authored by: Sara Ahmed and Brandon Neuschafer

The FDA’s highly anticipated proposed rules regarding menu labeling are set for release just around the corner, and businesses and elected officials are already reacting.

The proposed rules apply to chain restaurants, retail food establishments, and vending machines with 20 or more locations and require that menus be labeled with caloric information and that certain nutritional information be made readily available to patrons.

While some chain retailers applaud the idea of nationwide uniform labeling requirements for the sake of ease, others are concerned about the cost and efficacy of the proposed rules.

Domino’s CEO J. Patrick Doyle has been a dissonant voice in the debate since 2011.  Maine’s Senator Angus King is another critic, and joining him are both members of the Senate and House that have sponsored S. 1756 and H.R. 1249 , bills aimed at amending the FD&C Act.  Congresswoman Renee Ellmers, who supports the amendment, claims that the FDA’s proposed “one-size-fits-all

FDA To Further Amend Draft Rules Implementing FSMA

Yesterday, FDA Deputy Commissions for Foods and Veterinary Medicine, Michael Taylor, announced that FDA would further amend the draft rules on produce safety and preventive controls for human food, which were originally published in draft form in January 2013.  Acccording to Mr. Taylor’s statement:

[W]e believe that significant changes will be needed in key provisions of the two proposed rules affecting small and large farmers. These provisions include water quality standards and testing, standards for using raw manure and compost, certain provisions affecting mixed-use facilities, and procedures for withdrawing the qualified exemption for certain farms. We have heard the concern that these provisions, as proposed, would not fully achieve our goal of implementing the law in a way that improves public health protections while minimizing undue burden on farmers and other food producers.

As FDA considers the changes to be significant, it will once again accept comment only on

FDA Extends Comment Period on Produce and Human Food Rules

FDA announced today that it is extending by sixty days the deadline for commenting on the proposed rules for Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food and the proposed Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption.  The new deadline for comments is November 15, 2013, and FDA has indicated that this will be the last extension of time.

The two draft rules were originally proposed in January of 2013 to implement provisions of the Food Safety Modernization Act.  The proposed Human Food rule will, among other things, require hazard analysis and critical control points (HACCP) plans for domestic and foreign facilities that manufacture, process, pack or hold human food.  The proposed Produce Safety Standards are prevention-based standards that require those growing, harvesting, packing or holding produce on foreign or domestic farms to undertake a science-based risk analysis of

House Passes Farm Bill Without Food Stamp Program

The US House of Representatives passed Farm Bill legislation that was stripped of the Supplemental Nutrition Assistance Program (“SNAP”), commonly known as the food stamp program. This was the first time since 1973 that the food stamp program was not part of the final Farm Bill, although SNAP remains part of the Farm Bill passed by the Senate.  The removal of SNAP stripped the Farm Bill of any remaining Democratic support in the House.  Rep. Frank Lucas, Republican Chairman of the House Agriculture Committee, has indicated that he intends to prepare a separate food stamp bill as soon as he can “achieve consensus.”

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