New FDA labeling Post about regulations 7/12/11

Restaurant trade group asks FDA for flexibility on calorie posting

The National Council of Chain Restaurants has filed comments responding to menu labeling regulations proposed by the U.S. Food and Drug Administration (FDA), welcoming the proposal but asking for flexibility that would recognize differences between the restaurant industry and other foodservice sectors.
“Our members strongly supported adoption of a national menu labeling law, and we look forward to the orderly implementation of these requirements,” said NCCR Vice President Scott Vinson. “However, we have grave concerns regarding certain of the FDA’s proposed interpretations of the legislation Congress passed and the President signed into law. We hope the FDA will carefully consider our comments and adjust the final regulations to be consistent with the statute.”
In one example cited by NCCR in its 53 pages of comments, the FDA proposal includes an enforcement mechanism intended for the packaged food industry rather than the chain restaurant industry where food is prepared by hand and not machines. NCCR contends that the standard would be impossible for chain restaurants to comply with and would expose the industry’s thousands of small business franchisees to massive legal liability.
In addition, the NCCR asked that the FDA modify its initial proposal to ensure a smooth program rollout to the diverse array of chain restaurant concepts and similar retail food establishments. According to the NCCR, the FDA’s final regulations should incorporate a flexible approach in several key areas so that restaurants and other covered retailers are not burdened with unnecessary expenses and complexities, and consumers are provided information in ways that make sense and are easy to understand.
Press release
NCCR comments to FDA (pdf)