A final rule is expected before year’s end, but language that
could burden many convenience stores still needs modification.
BY JONATHAN TAETS
Momentum continues to build in Congress on the Common Sense Nutrition Disclosure Act. Since the NACS Govern- ment Relations Conference
in February, when many attendees fanned out
across Capitol Hill to educate legislators on the
effects of the menu labeling legislation on our
industry, it has gained 17 new co-sponsors in the
House and three in the Senate.
Considering that the most recent draft rules
published by FDA still contain language that
would unduly burden many convenience stores,
it remains a high priority to encourage additional
members of Congress in both the House and the
Senate to support the Common Sense Nutrition
Disclosure Act, which would provide greater
clarity and ensure a more responsible regulatory
regime than that originally proposed by FDA. As a
result, NACS retail members and NACS staff are
continuing outreach to dozens of other congressional offices.
In recent events, the Food and Drug Administration (FDA) has sent their final rule — only a
couple of years late! — to the Office of Management and Budget (OMB) for final review. This
review is often the last step before a new federal
regulation comes into effect, which means that
retailers may receive, at long last, information
about the details of this law. Generally, once a
rule is submitted to OMB the office has 90 to 120
days to issue their approval. However, because
this process often takes longer it’s possible we
might have to wait until the end of the year.
NACS staff will continue to monitor the rules
progress toward finalization and will keep you
updated as it moves forward.
THE COMMON SENSE
NUTRITION DISCLOSURE ACT
This Act would provide much needed flexibility
to comply with new menu labeling rules and
common sense exemptions for retail establishments that were never intended to be covered
under this rule in the first place. Most importantly this legislation would change who is covered
by the rule. The most recent FDA proposal includes any retail store where more than 50% of
their floor space is devoted to the sale of food —
this threshold did not discount pre-packaged and
pre-labeled food products most of your stores
sell. The legislation would amend that rule to
apply only to retail establishments where more
than 50% of revenue is derived from the sale of
restaurant style food.