On July 8, 2016, the FDA announced that it is extending the compliance
date for final calorie declaration requirements for certain food
products sold from vending machines from December 1, 2016, to July
26, 2018. The final rule, which appeared in the December 1,
2014, Federal Register, applies to certain food from
vending machines operated by operators with 20 or more machines and
requires information to be displayed so prospective purchasers can
examine an item's calorie content before purchasing it. The FDA
granted the extension for glass-front vending machines after
several trade associations requested it, arguing it would be
helpful to have a compliance date that aligns with the recently
published nutrition facts label final rule. The
extension will allow companies to make all changes to their food
labels, including front-of-pack ("FOP") calorie
information, at one time. FDA is also extending the compliance date
for certain gums, mints, and roll candy sold in vending machines in
response to industry requests to provide flexibility for labeling
these products.
The extension applies only to foods sold from glass-front vending
machines that have visible FOP labeling. If packaged food sold in
glass-front vending machines does not have visible FOP labeling,
the calorie disclosures will have to appear in, on, or adjacent to
the vending machine consistent with the requirements in the final
rule by December 1, 2016. The December 2016 compliance date also
still applies to vending machines that use electronic displays or
sell unpackaged products.
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