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FDA Nutritional Label Compliance Date Extension?


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#1 Charlie820

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Posted 06 January 2021 - 04:19 PM

https://www.federalr...ing-regulations

 

Can anyone help me decipher the above document? Does this mean that the nutritional labels that were supposed to be changed over by Jan 1, 2021 now have until 2024 to fully comply? There still isn't an updated Food Labeling Guide from the FDA. Only the 2013 version. I would hope that they would have published the new guide before any actual enforcement regarding the new label was to be enforced. Thank you! 



#2 Scampi

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Posted 06 January 2021 - 04:28 PM

That reads to me like any regulations published between Jan 1 2021 and Dec 2022 have until 2024 to comply----any regulations published before then would not fall under this scope

 

"Use of a uniform compliance date provides for an orderly and economical industry adjustment to new labeling requirements by allowing sufficient lead time to plan for the use of existing label inventories and the development of new labeling materials."

 

so you may be correct- you have until 2024 to comply with new labeling rules

 

Canada have us a total of 5 years to comply which is actually messy-----we have packaging in varying states of compliance with the new rules
 


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#3 Charlie820

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Posted 06 January 2021 - 04:32 PM

The regulation for the smaller companies was set for Jan 1, 2021 however the regulation documents were published prior to that. I am just trying to wrap my head around the verbiage and if the regulation date was Jan 1, 2021 in this case that we now have the extra time to comply. 

 

Thank you for the quick response ;)


Edited by Charlie820, 06 January 2021 - 04:33 PM.


#4 kfromNE

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Posted 06 January 2021 - 07:21 PM

The regulation for the smaller companies was set for Jan 1, 2021 however the regulation documents were published prior to that. I am just trying to wrap my head around the verbiage and if the regulation date was Jan 1, 2021 in this case that we now have the extra time to comply. 

 

Thank you for the quick response ;)

Scampi is right. It's not about the deadline but when the rule was published. Any rule published 1/1/21 through 12/31/22 - you'll have until 1/1/24.



#5 kfromNE

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Posted 06 January 2021 - 07:24 PM

https://www.federalr...ing-regulations

 

Can anyone help me decipher the above document? Does this mean that the nutritional labels that were supposed to be changed over by Jan 1, 2021 now have until 2024 to fully comply? 

 

There still isn't an updated Food Labeling Guide from the FDA. Only the 2013 version. I would hope that they would have published the new guide before any actual enforcement regarding the new label was to be enforced. 

 

Thank you! 

There is a new guidance document, it's been out for a while with the last one being updated in Feb. 2020. The problem - the new FDA website format I feel makes it more difficult to find.

 

 

For small companies

 

https://www.fda.gov/...nt-facts-labels

 

or https://www.fda.gov/...dance-documents


Edited by kfromNE, 06 January 2021 - 07:29 PM.


#6 Emeloan

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Posted 13 January 2021 - 03:19 PM

Charlie,

FDA regularly issues what they call "uniform compliance dates" for regulations finalized during certain time periods.  Typically when final rules are actually issued, they have a compliance date built in so the uniform compliance date is just a general guideline.  The final rule for the changes to the nutrition panel were issued in 2016 so this uniform compliance date does not apply to those requirements.  

The compliance date for the changes to the nutrition panel for large companies was January 1, 2020 and for smaller companies was January 1, 2021.  However, FDA has stated that they were and are exercising their enforcement discretion for compliance with these requirements. The excerpt below is from their website.

Hope this helps!

Elaine Meloan

 

I understand that FDA has received multiple requests from manufacturers to provide additional time to comply with the new requirements.   When do I have to meet the new requirements?

The FDA heard from several manufacturers and industry groups that more time may be needed to meet all of the Nutrition and Supplement Facts label requirements. Manufacturers with $10 million or more in annual food sales had until January 1, 2020, to meet the requirements, and manufacturers with less than $10 million in annual food sales have a compliance date of January 1, 2021.     

The compliance dates are still in place, but the FDA intends to work cooperatively with manufacturers and will not focus on enforcement actions during 2020 for larger manufacturers and during 2021 for smaller manufacturers. This additional flexibility includes manufacturers of single-ingredient packages and containers of single-ingredient sugars, regardless of the size of the manufacturer. 

 






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