Thanks to ABA's strong advocacy and support of its vocal and engaged members, three significant objectives were announced this morning for the baking industry:
- The Food and Drug Administration (FDA) announced the Nutrition Facts Label (NFL) compliance date extension rule to January 1, 2020.
- The U.S. Department of Agriculture (USDA) released its Agricultural Marketing Service's (AMS) Proposed National Bioengineered Food Disclosure Rule.
- USDA's proposed bioengineered food disclosure labeling rule harmonizes with FDA's NFL extended compliance date for one harmonized labeling date.
Impact on Industry – Nutrition Facts and Supplement Facts
FDA issued a final rule today to extend the compliance dates for the Nutrition Facts and Supplement Facts label revisions, from July 26, 2018, to January 1, 2020, for manufacturers with $10 million or more in annual food sales. Manufacturers with less than $10 million in annual food sales will receive an extra year to comply – until January 1, 2021. After considering a range of stakeholder comments, the FDA recognizes the need for manufacturers to have additional time to make required changes.
ABA supports the January 1, 2020 implementation date, provided Commissioner Gottlieb has accurately assured Congress that all necessary guidance will be promptly issued by FDA. As regulatory clarity is needed for many products on the market impacted by the final rules, a feasible implementation period is necessary for complete compliance. Any implementation period less than 18 months will result in increased food costs for consumers. ABA urges FDA to promptly issue the necessary implementation guidance to provide a reasonable implementation period so the work of industry to meet the new requirements may proceed.
On April 12, ABA led a meeting with the Office of Management and Budget (OMB) and several stakeholders and diverse food industry associations whose members' products include fiber as an ingredient, and/or had additional compliance questions related to the implementation of the new nutrition labeling rule, regarding OMB's review of the US Food and Drug Administration's (FDA) nutrition labeling rules. The group emphasized that industry is eager to expeditiously implement the new Nutrition Facts and Supplemental Facts labels.
More information can be found in FDA's constituent update at
https://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm606520.htm
Impact on Industry – Proposed Rule for National Bioengineered Food Disclosure Standard
USDA's publishing of the Proposed Rule for National Bioengineered Food Disclosure Standard is a crucial step toward establishing a uniform federal labeling standard by the July 29, 2018 deadline and to save U.S. consumers, farmers and manufacturers billions of dollars.
ABA, as part of the Coalition for Safe Affordable Food, will continue pursue this goal and provide feedback based on strong science as well as with an eye toward practical and economical application for the baking sector.
Find more information here:
https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-09389.pdf
Impact on Industry – Harmonization
ABA is pleased to see that USDA's proposed bioengineered food disclosure labeling rule does harmonize with FDA's NFL extended compliance date announced today. The extended deadline is Jan. 1, 2020 for all businesses but "small food manufacturers" have until Jan. 1, 2021 to comply.
With one harmonized compliance date for both of the major rules, companies will be able to consolidate and streamline their labeling efforts, which reduces costs, time invested, and wasted resources.
In the meantime, ABA will keep you updated with any developments. Please reach out to ABA if you have any questions.
Source: American Bakers Association