WASHINGTON – Yesterday, the Food and Drug Administration (FDA) issued a “Small Entity Compliance Guide” to assist restaurants and "similar retail food establishments" (including many convenience stores) in understanding the recently updated menu-labeling standards.

The FDA describes the guide, which can be accessed online here, as a plain language summary of the rule. However, during a congressional hearing on FDA’s budget request that same day, Senator Jerry Moran (R-KS) said the guidance “had no real benefit,” and FDA Commissioner Margaret Hamburg said that further guidance would be forthcoming.

NACS had previously prepared a brief summary and compliance guide of the final menu-labeling regulations to assist retailers in understanding the rule’s requirements. The final rule is set to take effect on December 1, 2015. Retailers should begin developing an understanding of the rule's requirements and thinking about compliance strategies.

As a general matter, establishments that are covered by the menu-labeling regulations must post calories for standard menu items on menus or menu boards or, for self-service items and foods on display, on signs adjacent to the items. They also will be required to provide additional written nutrition information to consumers upon request.

NACS continues to work with federal officials to obtain guidance and clarification on certain aspects of the menu-labeling rule. Additionally, NACS is working with key members of Congress to revise federal menu-labeling requirements in a manner that accommodates the different business models convenience stores implement to sell food.