November 1, 2017
PDF Version
Anna K. Abram
Deputy Commissioner for Policy, Planning, Legislation, and Analysis
Food and Drug Administration
5630 Fishers Lane, Rm. 1061
Rockville, MD 20852.
RE: RIN: 0910-AF22, Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Proposed Extension of Compliance Dates
Dear Ms. Abram:
The Food Marketing Institute (“FMI”) submits these comments in response to the U.S. Food and Drug Administration’s (FDA) Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Proposed Extension of Compliance Dates, as published in the Federal Register on October 2, 2017. More specifically, FDA proposes to extend the compliance date for manufacturers with $10 million or more in annual food sales in the final rules published on May 27, 2016, from July 26, 2018, to January 1, 2020, and the compliance date for manufacturers with less than $10 million in annual food sales in the final rules published on May 27, 2016, from July 26, 2019, to January 1, 2021. FMI appreciates the opportunity to submit comments on the proposed extension of the compliance date.
By way of background, FMI proudly advocates on behalf of the food retail industry. FMI’s U.S. members operate nearly 40,000 retail food stores and 25,000 pharmacies, representing a combined annual sales volume of almost $770 billion. Through programs in public affairs, food safety, research, education and industry relations, FMI offers resources and provides valuable benefits to more than 1,225 food retail and wholesale member companies in the United States and around the world. FMI membership covers the spectrum of diverse venues where food is sold, including single owner grocery stores, large multi-store supermarket chains and mixed retail stores. For more information, visit www.fmi.org and for information regarding the FMI foundation, visit www.fmifoundation.org.
FMI members are committed to completing the revised Nutrition Facts Label (NFL) and are working diligently to roll out the new changes as expeditiously as possible. This includes implementation of the revised NFL on the thousands of private label SKUs offered by retailers. It is important that our members are able to maintain this important sector of sales and continue to offer private brands as a lower cost alternative to consumers with limited budgets; however, this cost-alternative that private brand manufacturers provide is contingent upon fewer resources being devoted to advertising and marketing, including label or package modifications. For example, infrequent label changes permit private brand manufacturers to purchase packaging in bulk to minimize costs. Any changes to a private brand label threaten the ability to keep packaging costs low, as each modification requires significant additional resources in the form of planning and analyzing products, entering information into databases, new label and packaging designs, new printing plates, and working with outside printing companies.
FMI strongly supports FDA’s recognition of the need for more time to implement and complete changes to the NFL across the tens of thousands of food products sold at retail; however, we note that, because of the challenges described above, coordination with the U.S. Department of Agriculture’s (USDA’s) disclosure standard for bioengineered foods (BE rule) is of utmost importance to our members. In particular, our members will face many of the same challenges in complying with the BE rule as they have with the modifications to the NFL, but with the added challenge that a limited number of employees will simultaneously be working towards compliance with the NFL rule. As such, FMI encourages FDA and USDA to continue their collaboration to align the compliance dates for the NFL and the BE rule so that companies can be most efficient with their resources and only re-label packaging once. Aligning the compliance dates will minimize disruptions in the market and lessen the financial burden on the industry’s efforts to complete updates to all food labels in a compressed period of time. Finally, as we have noted, FMI members are committed to implementing the revised NFL correctly and efficiently. In order to ensure our members can continue to proceed with this process, it is important that the Agency release further guidance on both added sugars and dietary fiber.
FMI appreciates FDA’s work throughout the rulemaking process, and now in the final implementation phases of the NFL changes. FMI members support the extended compliance date of January 2020 for manufacturers with $10 million or more in annual food sales and January 2021 for manufacturers with less than $10 million in annual food sales, but encourage FDA and USDA to continue their collaboration to align the compliance dates for the NFL and the BE rule. FMI believes that alignment of these dates will alleviate many of the challenges associated with completing both updates to thousands of labels within a short period of time.
If you have questions about these comments or would like additional information, please feel free to contact me at sbarnes@fmi.org or 202-220-0614.
Sincerely,
Stephanie Barnes
Chief Regulatory Officer
PDF Version
Anna K. Abram
Deputy Commissioner for Policy, Planning, Legislation, and Analysis
Food and Drug Administration
5630 Fishers Lane, Rm. 1061
Rockville, MD 20852.
RE: RIN: 0910-AF22, Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Proposed Extension of Compliance Dates
Dear Ms. Abram:
The Food Marketing Institute (“FMI”) submits these comments in response to the U.S. Food and Drug Administration’s (FDA) Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Proposed Extension of Compliance Dates, as published in the Federal Register on October 2, 2017. More specifically, FDA proposes to extend the compliance date for manufacturers with $10 million or more in annual food sales in the final rules published on May 27, 2016, from July 26, 2018, to January 1, 2020, and the compliance date for manufacturers with less than $10 million in annual food sales in the final rules published on May 27, 2016, from July 26, 2019, to January 1, 2021. FMI appreciates the opportunity to submit comments on the proposed extension of the compliance date.
By way of background, FMI proudly advocates on behalf of the food retail industry. FMI’s U.S. members operate nearly 40,000 retail food stores and 25,000 pharmacies, representing a combined annual sales volume of almost $770 billion. Through programs in public affairs, food safety, research, education and industry relations, FMI offers resources and provides valuable benefits to more than 1,225 food retail and wholesale member companies in the United States and around the world. FMI membership covers the spectrum of diverse venues where food is sold, including single owner grocery stores, large multi-store supermarket chains and mixed retail stores. For more information, visit www.fmi.org and for information regarding the FMI foundation, visit www.fmifoundation.org.
FMI members are committed to completing the revised Nutrition Facts Label (NFL) and are working diligently to roll out the new changes as expeditiously as possible. This includes implementation of the revised NFL on the thousands of private label SKUs offered by retailers. It is important that our members are able to maintain this important sector of sales and continue to offer private brands as a lower cost alternative to consumers with limited budgets; however, this cost-alternative that private brand manufacturers provide is contingent upon fewer resources being devoted to advertising and marketing, including label or package modifications. For example, infrequent label changes permit private brand manufacturers to purchase packaging in bulk to minimize costs. Any changes to a private brand label threaten the ability to keep packaging costs low, as each modification requires significant additional resources in the form of planning and analyzing products, entering information into databases, new label and packaging designs, new printing plates, and working with outside printing companies.
FMI strongly supports FDA’s recognition of the need for more time to implement and complete changes to the NFL across the tens of thousands of food products sold at retail; however, we note that, because of the challenges described above, coordination with the U.S. Department of Agriculture’s (USDA’s) disclosure standard for bioengineered foods (BE rule) is of utmost importance to our members. In particular, our members will face many of the same challenges in complying with the BE rule as they have with the modifications to the NFL, but with the added challenge that a limited number of employees will simultaneously be working towards compliance with the NFL rule. As such, FMI encourages FDA and USDA to continue their collaboration to align the compliance dates for the NFL and the BE rule so that companies can be most efficient with their resources and only re-label packaging once. Aligning the compliance dates will minimize disruptions in the market and lessen the financial burden on the industry’s efforts to complete updates to all food labels in a compressed period of time. Finally, as we have noted, FMI members are committed to implementing the revised NFL correctly and efficiently. In order to ensure our members can continue to proceed with this process, it is important that the Agency release further guidance on both added sugars and dietary fiber.
FMI appreciates FDA’s work throughout the rulemaking process, and now in the final implementation phases of the NFL changes. FMI members support the extended compliance date of January 2020 for manufacturers with $10 million or more in annual food sales and January 2021 for manufacturers with less than $10 million in annual food sales, but encourage FDA and USDA to continue their collaboration to align the compliance dates for the NFL and the BE rule. FMI believes that alignment of these dates will alleviate many of the challenges associated with completing both updates to thousands of labels within a short period of time.
If you have questions about these comments or would like additional information, please feel free to contact me at sbarnes@fmi.org or 202-220-0614.
Stephanie Barnes
Chief Regulatory Officer
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