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Draft Guidance for Industry: Calorie Labeling of Articles of Food in Vending Machines

DraftHuman Foods Program08/16/2016

Description

In theFederal Registerof December 1, 2014 (79 FR 71259), the Food and Drug Administration (FDA or we) issued a final rule entitled “Food Labeling:  Calorie Labeling of Articles of Food in Vending Machines” (“the rule”).  The rule is codified at 21 CFR 101.8.  The rule implements section 403(q)(5)(H)(viii) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and amends FDA’s food labeling regulations in title 21 of theCode of Federal Regulations(21 CFR) by adding § 101.8.  The rule requires vending machine operators who own or operate 20 or more vending machines, or who voluntarily register with FDA to be covered, to declare calories for those vending machine foods for which the Nutrition Facts label cannot be examined before purchase or for which visible nutrition information is not otherwise provided at the point of purchase (see section 403(q)(5)(H)(viii) of the FD&C Act).

Scope & Applicability

Product Classes

3
Vending Machine Food

Articles of food sold from a vending machine subject to calorie labeling.

vending machine foods

Articles of food sold from a vending machine

Articles of Food in Vending Machines

The category of products covered by the labeling requirements

Stakeholders

4
authorized official

Person permitted to submit registration on behalf of the operator

covered operator

A vending machine operator subject to the rule

food manufacturers

Target audience for enforcement discretion

vending machine operator

Person or entity that controls or directs the function of the vending machine; entity responsible for providing calorie declarations; The person or entity responsible for complying with the calorie labeling rule.

Regulatory Context

Attributes

2
type size

Requirement for the physical appearance of calorie declarations; must be at least 50 percent of the size of the largest printed matter; The font size of calorie declarations, which must meet specific minimums.

calorie declaration

Required disclosure of energy content

Related CFR Sections (2)

See Also (8)

Draft Guidance for Industry: Calorie Labeling of Articles of Food in Vending Machines | Guideline Explorer | BioRegHub