WASHINGTON ? NACS successfully helped lead a coalition on Capitol Hill to put bipartisan pressure on the Food and Drug Administration (FDA) to finalize menu labeling regulations that will exclude most convenience stores from the burden of compliance.
The letter, signed by 17 members of Congress, urges the FDA to adopt ?Option 2? of the proposed rule, which would limit the menu labeling regulations to establishments that primarily sell restaurant and restaurant-type food.
In previous comments submitted to FDA, NACS recommended that a floor space calculation should be replaced with one based on revenues. NACS believes an entity should be covered only if revenues from restaurant-type food sales exceed 50% of the store?s overall sales. In evaluating this ratio, prepackaged food should be excluded from the restaurant-type food revenues and fuel sales should be included in the store?s overall sales.
Therefore NACS has been advocating for Option 2 because it does not include prepackaged food and fulfills the intent of the menu labeling law, consistent with Executive Order 13563, which directs agencies to adopt the least burdensome approach when issuing regulations.
Option 2 would only cover establishments whose primary business is selling food for immediate consumption or selling food that is prepared and processed on premise. This option would also allow FDA to meet the objectives of the menu labeling law without unnecessarily burdening most convenience stores.
Read more on the beginnings of the menu labeling debate in NACS Magazine.
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