On May 4, 2017, the Food and Drug Administration (FDA or the Agency) published in the Federal Register an interim final rule (IFR) extending the compliance date for the final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments (the Menu Labeling rule). The IFR also extends the compliance date for the Menu Labeling rule until May 7, 2018. The IFR goes beyond extending the compliance date by signaling that the agency is reconsidering “fundamental questions and concerns” raised by the final rule. FDA explains in the preamble of the IFR that the Agency is taking this action consistent with Executive Orders (EOs) 13777, 13771, and 13563, as well as in response to the issues raised by affected stakeholders. The interim final rule also announces the establishment of a docket to receive comments on how the Agency might further reduce the regulatory burden or increase flexibility for these rules.
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