FDA Provides Temporary Flexibility for Nutrition Labeling of Certain Packaged Food due to COVID-19 Pandemic

From the FDA CFSAN updates.
FDA is issuing this guidance to provide restaurants and food manufacturers with flexibility regarding nutrition labeling so that they can sell certain packaged foods during the COVID-19 pandemic.   This guidance does not apply to foods prepared by restaurants. The guidance, due to the exceptional situation, has not been opened for preventive public consultation.
As a result of the COVID-19 pandemic, restaurants and food manufacturers may have food not labeled for retail sale that they wish to sell at retail.  For example, restaurants may have purchased ingredients that they can no longer use to prepare restaurant food and instead wish to sell to their customers.  To facilitate the distribution of food during the COVID-19 pandemic, the U.S. Food and Drug Administration today released a guidance document,  Guidance for Industry: Temporary Policy Regarding Nutrition Labeling of Certain Packaged Food During the COVID-19 Public Health Emergency, to provide restaurants and food manufacturers with flexibility regarding nutrition labeling of certain packaged food.
For restaurants that wish to sell packaged food to consumers directly, or to other businesses for sale to consumers, the FDA does not intend to object if the packaged food lacks a Nutrition Facts label, provided that the food does not have any nutrition claims and contains other required information on the label, including the following, as applicable:
  • a statement of identify
  • an ingredient statement,
  • the name and place of the business of the food manufacturer, packer, or distributor,
  • net quantity of contents, and
  • allergen information required by the Food Allergen Labeling and Consumer Protection Act.
For food manufacturers that have inventory on hand that is labeled for use in restaurants, the FDA does not intend to object to the sale of packaged food that lacks a Nutrition Facts label by food manufacturers, provided that the food does not have any nutrition claims and contains other required information on the label, including the following, as applicable:
  • a statement of identity,
  • an ingredient statement,
  • the name and place of business of the food manufacturer, packer, or distributor,
  • net quantity of contents, and
  • allergen information required by the Food Allergen Labeling and Consumer Protection Act.
Finally, if retail packaging for certain food products is unavailable, the FDA does not intend to object to the further production of food labeled for use in restaurants that is intended to be sold other than to restaurants until retail packaging is available. Although the guidance is being implemented immediately, it remains subject to comment according to the agency’s good guidance practices.
Separate from this guidance, FDA intends to work cooperatively with manufacturers for the remainder of the year regarding using updated Nutrition and Supplement Facts labels and will not focus on enforcement actions during this time.  FDA previously announced that it would do so for the first six months following the January 1, 2020, compliance date.

Top 10 articles in 2019

Dear readers and friends,

another year passed and I have to thank you everyone for the time spent reading this blog, sharing articles and commenting.

As usual, I recap the most interesting topics of 2019 in the first article of 2020.

  1. Glycaemic index labeling and related claims: EU Commission answer to a MEP query about the possibility to do glycaemic index claims on the labels in EU.;
  2. Transition period to new Food Labeling Standards for Japan is coming to the end: recap of upcoming Japanese labelling rules changes, by Label Bank (Osaka);
  3. EU – Upcoming exemptions for traditional generic descriptors (which could imply an effect on health) from nutrition and health claims Regulation;
  4. FDA Announces Public Meeting to Discuss Modernizing Food Standards of Identity: on 27th September 2019, the U.S. Food and Drug Administration announced a public meeting to give interested parties an opportunity to discuss FDA’s effort to modernize food standards of identity and to provide information about changes the FDA could make to existing standards of identity;
  5. Choices International Foundation front of pack logo: guest article by Choices International Foundation, about a voluntary front of pack labeling scheme;
  6. EU DG Health and Food Safety audit in Sweden – Unexpected flaws in microbial safety of food of non-animal origin: summary of a recent audit of the EU Commission services on the Swedish official control system for food of non animal origin;
  7. FDA moving down the road of Dietary Fibers definition: on 27th March the U.S. Food and Drug Administration announced that it intends to propose that “cross-linked phosphorylated RS4” – regardless of source – be added to the definition of dietary fiber. The action was taken in response to a citizen petition from MGP Ingredients Inc;
  8. Food Allergy Forum Report and New Food Law Latest Youtube Channel; opening video of the Food Law Latest Youtube Channel, regarding the Food Allergy Forum held in Amsterdam on 1st-3rd April 2019;
  9. Japan – Mozzarella di Bufala Campana PDO ‘evocation’ case: in light of the application of the EU-Japan free trade agreement, this Q&A between a MEP and the EU Commission, raise a curious case of evocation of a PDO (Protected Designation of Origin, recognized under Reg. EU 1151/2012);
  10. 100″ food news n. 3 – Allergen labeling and trans fats limitations in UE: weekly issue of our 100″ Food News, with Bert Popping from FOCOS – Food Consulting…strategically, covering several topics: RASFF pathogen data analysis (00:21), Belgium introduces Nutri-Score (01:22), New trans fats regulations (01:54), Pret-A-Manger starts allergen labelling (02:27), Further Headlines: new on-site devices for pesticides and pathogen analysis.