Where does Menu Labeling Fit into the White House and Congressional Agenda?

By: Rob Rosado, Senior Director, Food & Health Policy

There has been a flurry of activity in the first month of the Trump administration and the 115^th Congress with a corresponding need to figure out how all of these actions and issues affect food retailers. One question to ask: Where does FDA’s menu labeling rule and its May 5, 2017 compliance date fit into these discussions?

For the past six years, FMI has been seeking common sense flexibility, such as liability protections for good-faith compliance efforts, allowing the use of a central menu board for a salad bar, and preserving locally-made and locally-sourced foods. But FDA has either been unwilling or unable to include these compliance modifications in their rule or guidance.

As a result, FMI has been pursuing adoption of the Common Sense Nutrition Disclosure Act (H.R. 772/S. 261), which provides the needed flexibility that FMI has been seeking to allow supermarkets to provide the same nutrition information to customers as required under the menu labeling statute, but in a less costly, more efficient way. While the bill would not exempt supermarkets or other retailers from the menu labeling requirements, it would provide more adequate time and flexibility to protect retailers from overzealous inspectors and hostile lawsuits. The identical bill was passed by a 266-144 bipartisan vote in the House last year, and we are hopeful that the bill will have additional urgency and momentum to be enacted.  

In the interim, FMI is seeking for the Trump administration to follow through on the groundwork laid by White House directives covering Regulatory Freeze Pending Review, Reducing Regulations and Controlling Costs, and an Executive Order Minimizing Economic Burden of the Affordable Care Act, under all of which the menu labeling rule qualifies, to formally withhold the menu labeling rule prior to the May 2017 compliance date for comment regarding food retailers’ uncertainty and to allow for needed modifications.

We urge FMI members to continue with their implementation plans for May 5, 2017 as we seek these executive and legislative actions.  Please see the FMI draft implementation guide on FMI’s website that is still undergoing FDA review, and be sure to let us and your members of Congress know what problems you are facing.