Food
New Menu and Vending Machines Labeling Requirements
On March 23, 2010, the President signed the health care reform legislation into law. Section 4205 of the Patient Protection and Affordable Care Act of 2010 requires restaurants and similar retail food establishments with 20 or more locations to list calorie content information for standard menu items on restaurant menus and menu boards, including drive-through menu boards. Other nutrient information – total calories, fat, saturated fat, cholesterol, sodium, total carbohydrates, sugars, fiber and total protein – would have to be made available in writing upon request. The Act also requires vending machine operators who own or operate 20 or more vending machines to disclose calorie content for certain items.
The FDA has issued a Federal Register notice that explains how restaurants and similar retail food establishments with fewer than 20 locations and vending machine operators with fewer than 20 vending machines can voluntarily register to become subject to new federal menu labeling requirements. Anyone needing assistance with filling out this form call 240-402-2371.
- Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Proposed Rule
- Food Labeling; Calorie Labeling of Articles of Food in Vending Machines; Proposed Rule
Additional Information
- Overview of FDA Proposed Labeling Requirements for Restaurants, Similar Retail Food Establishments and Vending Machines
- Questions and Answers on the New Menu and Vending
Machines Nutrition Labeling Requirements
We want to hear from you...
The Food and Drug Administration (FDA) has worked closely with stakeholders, including states, consumer groups and the restaurant industry as we implement this important new law. We encourage all stakeholders to share their thoughts about these two proposed rules.
To submit your comments electronically to the docket go to www.regulations.gov:
- Choose “Submit a Comment” from the top task bar
- Enter one of the following docket numbers in the “Keyword” space
FDA-2011-F-0171 (vending machine)
FDA-2011-F-0172 (menu) - Then select “Search”
To submit your comments to the docket by mail, use the following address:
The Division of Dockets Management
HFA-305
Food and Drug Administration
5630 Fishers Lane, Room 1061
Rockville, MD 20852
Be sure to include the appropriate docket number on
each page of your written comments.
Related Resources
- First Quarterly Report to Congress on Progress Toward Promulgating Final Regulations for the Menu and Vending Machine Labeling Provisions of the Patient Protection and Affordable Care Act of 2010 (PDF - 24KB)
October 2010 - Second Quarterly Report to Congress on Progress Toward Promulgating Final Regulations for the Menu and Vending Machine Labeling Provisions of the Patient Protection and Affordable Care Act of 2010 (PDF - 26KB)
March 2011 - Press Release: FDA proposes draft menu and vending machine labeling requirements, invites public to comment on proposals
April 1, 2011 - Constituent Update: FDA Issues Two Proposed Rules on Food Labeling: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; and Calorie Labeling of Articles of Food in Vending Machines
April 1, 2011 - Constituent Update: Withdrawal of Draft FDA Guidance for Industry: Questions and Answers Regarding Implementation of the Menu Labeling Provisions of Section 4205 of the Patient Protection and Affordable Care Act of 2010
January 21, 2011 - Press Release: FDA Seeks Public Comment on New Federal Menu Labeling Requirements
July 7, 2010