Enforcement by FDA to begin May 2017, but states could take action today.
The Food and Drug Administration issued a statement confirming that the compliance deadline for the menu labeling rule remains Dec. 1, 2016 and NOT May 5, 2017, which is when enforcement begins.
The National Association of Convenience Stores (NACS) pointed out that the FDA has been telling all stakeholders for months that they had until May 2017.
NACS explained that while FDA itself will still not be taking any enforcement actions until May, depending on where you live, state and/or local enforcement could begin taking actions immediately. In California especially this could be a concern as the state passed its own state statute that mirrors the FDA rule, as the rule allowed. Private lawsuits could also be brought against retailers that are not in compliance.
NACS reported that is in contact with Congressional leaders to attempt to roll back the impact of the menu labeling rules on the convenience store industry, but urges retailers to continue to prepare for the May 5 deadline.
NACS is also asking retailers to contact their Congressional representatives and senators and ask that they include the Common Sense Nutrition Disclosure Act in the continuing resolution that will fund the government into the first half of next year.