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Client Alert: FDA Nutrition Labeling Rule Forthcoming

Jul 16, 2015 | burgs | Regulatory Issues | No Comments

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A new FDA rule has been finalized which may impact some craft breweries across the country.  The rule requires disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments.  The rule will apply to all chain restaurants or smaller restaurants with 20 or more different locations which are doing business under the same name and selling substantially the same menu items.  Other restaurants that are not automatically subject to the rule can nonetheless elect to meet the requirements of the rule.

The rule will apply only to standard menu items, and temporary items that are on the menu less than 60 days per year, or fewer than 90 consecutive days to test consumer acceptance are not subject to the rule.  The rule requires nutrient information for each item, including calories, fats, sodium, cholesterol, carbs, sugar, protein, etc.  So why is a blog all about beer talking about this rule?  Because this rule is going to apply to beer, too!

Breweries that have their beer on tap at these types of restaurants (and any restaurant that elects to make itself compliant with the rule) will have to supply those establishments with all of the nutrient information necessary to comply with the rule.  Failure to do so will likely see that beer pulled from service in that restaurant.

The good news is that the FDA recently pushed back the menu labeling compliance date to December 1, 2016, so breweries that sell their beer at these types of establishments have about 16 months (at the time this blog post is written) to get their nutrient information together and ready for the restaurants.

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