NACS Comments on FDA's Proposed Menu-Labeling Regulations

NACS outlines why convenience stores should not be covered under the proposed rules.

July 07, 2011

ALEXANDRIA, Va. - On Tuesday, NACS submitted comments to the Food and Drug Administration (FDA) on the agency??s proposed menu-labeling regulations. Among other things, the proposed rules would require most convenience store chains with 20 or more outlets to post calorie counts on menus and next to self-service food items, and also have additional nutrition information available to consumers upon request.

The comments submitted by NACS state that convenience stores should not be covered by the menu-labeling regulations, as well as explain how the proposed rules can be improved should it ultimately cover convenience stores. More than anything, enhanced clarity is imperative if the FDA hopes to achieve its objectives.

NACS specifically commented on:

Why convenience stores should not be covered. The proposed rules would cover retail establishments that are a part of a chain with 20 or more locations, doing business under the same name, that sell "restaurant or restaurant-type" food where "the sale of food is the primary business activity of the establishment."

NACS recommended that the definition of a "covered entity" be limited to establishments where more than 50 percent of revenue (including motor fuels sales) is derived from the sale of restaurant or restaurant-type food (excluding pre-packaged food, which already contains nutrition information). Conversely, should the FDA consider floor area devoted to food sales as an appropriate measurement (rather than revenue), then the definition should include floor area devoted to food sales in relation to the establishment??s total floor space (including space devoted to selling motor fuels).

Requirements for covered establishments. The proposed definition of covered "Variable Menu Items" versus exempt "Custom Orders" creates confusion and NACS is asking the FDA to clarify its intent.

Self-serve beverages. NACS is asking the FDA to allow calorie counts to be displayed based on ounces, which would provide uniform information throughout all establishments.

Self-service food on display. FDA should revise its proposed rules to allow calorie information to be posted on the door of a display case, or at the "head" of a self-service table or counter, rather than adjacent to each individual food item.

"Primary" menu boards. If there are multiple menus in a single store ?" each offering the same food items ?" the store should be permitted to select the "primary" menu that calories must be disclosed.

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