FDA Extends Deadline For Chain Restaurants, Other Retail Establishments To Put Up Calorie Count In Menus

The U.S. Food and Drug Administration says it's extending the deadline for requiring chain restaurants to include calorie counts on their menus by a year.

The requirement, created by the FDA as part of the Affordable Care Act to increase awareness of the obesity risks represented by fatty, sugary foods, will go into affect Dec. 1, 2016, the FDA announced.

The national standard will apply to restaurant chains with 20 or more outlets, it said in a statement.

"The FDA is committed to working collaboratively with those establishments covered by the menu labeling final rule, including chain restaurants, covered grocery stores, and others to facilitate timely and efficient implementation of the new requirements," it said.

The original announced compliance date of December 2015 had trade, industry and other associations asking for an additional year to comply, something the FDA has granted, saying it "agrees additional time is necessary for the agency to provide further clarifying guidance to help facilitate efficient compliance across all covered businesses and for covered establishments to come into compliance with the final rule."

The calorie count requirements will apply to sit-down restaurants, take-out food and bakery items, and will also set rules for movie theaters, amusement parks, vending machine operators and restaurants serving alcoholic beverages.

Calorie counts will have to be displayed "clearly and conspicuously" on menus, menu boards and displays under the FDA rules, along with information telling consumers the basis for daily nutrition is a 2,000-calorie diet.

In addition to displaying calories, information on sodium, sugar and fat must be available on request.

The FDA's delay in implementing the rules has some health advocates expressing the concern that the restaurant and grocery industries would use the time to commit more resources toward lobbying against the proposals.

"This is a huge victory for the restaurant lobbyists," says Marion Nestle, a professor in the department of nutrition, food studies and public health at New York University. "Food companies must be hoping that if they can delay menu labeling long enough, it will just go away."

However, Michael R. Taylor, FDA deputy commissioner for foods and veterinary medicine, said in a statement the agency's decision to push back the deadline was the result of "extensive dialogue" with restaurants, supermarkets and other business that would be affected.

"The FDA will work flexibly and collaboratively with individual companies making a good faith effort to comply with the law," he said.

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