FDA relaxes food labeling regulations to guarantee consumer access.
Three industry guideline documents have just been released by the Food and Drug Administration to help food makers, retailers, and restaurants fulfill the food demands of their patrons during the coronavirus (COVID-19) epidemic. The guidelines may temporarily loosen several food labeling regulations that, if strictly adhered to, might cause supply chain bottlenecks and jeopardize consumer access to food.
The foodservice industry has seen a dramatic downturn as a result of the coronavirus epidemic, especially with the temporary elimination of in-restaurant eating. For almost all of their food needs, consumers are now turning to grocery shops and other retail establishments. Some eateries are still open, but they only offer takeout. What was once a highly efficient food distribution system has been completely upended by the seismic shifts in consumer behavior.
On March 26, the first set of guidelines was released under the title “Temporary policy regarding nutrition labeling of certain packaged food during the COVID-19 public health emergency.” A few guidelines regarding nutrition labeling were temporarily loosened. Restaurants looking to sell packaged food to customers, food producers with inventory meant for foodservice, and manufacturers in situations where retail packaging isn’t available for specific foods are all subject to the temporary regulations.
The FDA stated that it won’t object if the packaged food lacks a Nutrition Facts Label as long as no nutrition claims are made. This applies to food manufacturers with inventory branded for use in restaurants as well as restaurants that wish to sell packaged food directly to customers or to other businesses.
A declaration of identification, an ingredient list, the name and address of the food maker, packer, or distributor, the net amount of contents, and allergen information are among the details that may be needed, if applicable.
The FDA stated that it will not object to the continued manufacture of food labeled for use in restaurants that is intended to be sold to customers other than restaurants until the retail packaging is available, in the event that retail packaging for specific food products is not available.
The agency stated that it will not be concentrating on enforcement and instead plans to collaborate with producers throughout the rest of the year to implement the revised Nutrition and Supplement Facts labels. The FDA has previously said that it would comply for the first half of 2020, the year after the compliance date of January 1.
As many foodservice outlets switch from in-store dining to takeout, the FDA loosened menu labeling regulations in its second guidance document, “Temporary policy regarding nutrition labeling of standard menu items in chain restaurants and similar retail food establishments during the COVID-19 public health emergency.”
“Establishments may find it challenging to provide this information during a rapid shift to a takeout business model because calorie information is expected to be revealed for standard menu items when a consumer makes a selection,” the regulator stated. Furthermore, there’s a chance that a few of these places are going through brief delays in the food supply chain, which could result in altered menus or substitutes that compromise the accuracy of the nutritional information.
“FDA will not object if establishments do not meet menu labeling requirements during this public health emergency, to provide flexibility to these chains covered by menu labeling requirements.”
“Temporary policy regarding packaging and labeling of shell eggs sold by retail establishments during the COVID-19 public health emergency,” the FDA’s third labeling guideline to industry, offers some leeway with certain of the labeling standards for shell eggs.
The FDA stated that “consumer demand for shell eggs has increased as a result of the COVID-19 pandemic.” Customers can purchase more shell eggs, but not all of them are accessible in retail packaging with the proper labeling. In view of the restricted availability of retail packaging, we are temporarily easing some of the shell egg’s packaging and labeling regulations in order to help the industry fulfill the growing demand from consumers.
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The FDA stated that if the following conditions are met, it will not object to shell eggs being sold by retail food establishments in cartons or flats without labels:
The following information is prominently displayed at the point of sale by the retail food establishment: a statement of identity; the name and address of the manufacturer, packer, or distributor; and safe handling guidelines for shell eggs. This information can be displayed on a counter card, sign, tag attached to the product, or any other suitable device.
It is obvious to customers which point of sale labeling pertains to which of the shell eggs that are offered for sale if shell eggs from many suppliers are sold at the same time and place.
The shell eggs are offered for sale in whole cartons or flats (thirty eggs are offered in a flat meant to accommodate thirty eggs, for instance).
The shell eggs have no nutritional claims made at the time of purchase.