Description
On December 1, 2014, FDA (we) published a final rule entitled “Food Labeling; Calorie Labeling of Articles of Food in Vending Machines” (“the final rule”) in theFederal Register(79 FR 71259, December 1, 2014). The final rule, which is now codified at Title 21 of theCode of Federal Regulationsat § 101.8 (21 CFR § 101.8), requires that vending machine operators who own or operate 20 or more vending machines, or who voluntarily elect to be covered, provide calorie declarations 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. Covered vending machine operators must comply with the final rule by December 1, 2016.
Scope & Applicability
Product Classes
5Articles of food sold from a vending machine
Question regarding coverage under the rule
Vending machines subject to the rule regardless of selection buttons
Machines that dispense food as part of a game, not subject to the rule
food items subject to calorie declaration requirements; Articles of food sold in a vending machine subject to labeling requirements.
Stakeholders
3Person 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.
Entities subject to the calorie labeling rule
Target audience for enforcement discretion
Regulatory Context
Attributes
4Requirement 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.
Required information for covered vending machine foods
Required disclosure of energy content
Requirements for readability of calorie declarations.
Related CFR Sections (3)
- 21CFR101.8§ 101.8 Vending machines.
(a) Definitions. The definitions of terms in section 201 of the Federal Food, Drug, and Cosmetic Act apply to such terms when used in this section. In addition, for the purposes of this section:Read full regulation →
- 21CFR101.9§ 101.9 Nutrition labeling of food.
(a) Nutrition information relating to food shall be provided for all products intended for human consumption and offered for sale unless an exemption is provided for the product in paragraph (j) of this section.Read full regulation →
- 21CFR101.15§ 101.15 Food; prominence of required statements.
(a) A word, statement, or other information required by or under authority of the act to appear on the label may lack that prominence and conspicuousness required by section 403(f) of the act by reason (among other reasons) of:Read full regulation →
Related Warning Letters (10)
- 2025-09-30
CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated
Hans Bakery Inc. d/b/a Andersen’s Bakery
- 2025-06-24
Food Labeling/Misbranded
Revolution Foods, PBC
- 2025-06-03
CGMP/Hazard Analysis/Risk-Based Preventive Controls for Food/Adulterated
One Roof LLC
- 2024-12-03
CGMP/Manufacturing, Packing or Holding Human Food/Adulterated/Insanitary Conditions
Mena Food Group, LLC
- 2024-11-26
Food Labeling/Misbranded
Stew Leonard’s Holdings LLC
- 2024-10-15
CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated
Alfred Louie, Inc.
- 2024-10-01
CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated
NRS Enterprises, Inc. d/b/a Sunflour Bakery
- 2024-06-11
Acidified Foods/Prepared Packed or Held Under Insanitary Conditions
Midwest Foods, LLC
- 2024-05-14
Food Labeling/Misbranded
California Bread Co.
- 2024-05-07
CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated
Sheng Kee of California, Inc dba Sheng Kee Bakery
See Also (8)
- Small Entity Compliance Guide: Alpha-Linolenic Acid, Eicosapentaenoic Acid, and Docosahexaenoic Acid Omega-3 Fatty Acids Nutrient Content Claims (Status: Final)
- Draft Guidance for Industry: Calorie Labeling of Articles of Food in Vending Machines (Status: Draft)
- Small Entity Compliance Guide: Revision of the Nutrition and Supplement Facts Labels (Status: Final)
- Guidance for Industry: FDA's Policy on Declaring Small Amounts of Nutrients and Dietary Ingredients on Nutrition Labels (Status: Final)
- Small Entity Compliance Guide: Statement of Identity, Nutrition Labeling and Ingredient Labeling of Dietary Supplements (Status: Final)
- Small Entity Compliance Guide: Trans Fatty Acids in Nutrition Labeling, Nutrient Content Claims, and Health Claims (Status: Final)
- Small Entity Compliance Guide: Nutrient Content Claims Definition for “High Potency” and Definition for “Antioxidant” for Use in Nutrient Content Claims for Dietary Supplements and Conventional Foods (Status: Final)
- Small Entity Compliance Guide: Health Claims on Calcium and Osteoporosis; and Calcium, Vitamin D, and Osteoporosis (Status: Final)