NACS disapproves of the FDA menu labeling decision, saying c-stores are different from restaurants.
The National Association of Convenience Stores (NACS) criticized the new menu labeling rules the U.S. Food and Drug Administration (FDA) recently placed on convenience stores, grocery stores, movie theaters, and even vending machines.
“The FDA has clearly gone beyond congressional intent by expanding the types of businesses that fall under this law to include convenience stores,” said Lyle Beckwith, senior vice president for government relations for NACS. “The one-size-fits-all approach that FDA announced today would treat convenience stores as though they are restaurants, when in fact they operate very differently. It is now up to the bipartisan, bicameral opponents of this regulatory overreach to enact legislation introduced in both houses of Congress that reasonably defines a restaurant as a business that derives at least 50% of revenue from prepared food.”
The menu labeling final rule applies to restaurants and similar retail food establishments if they are part of a chain of 20 or more locations, doing business under the same name and offering for sale substantially the same menu items. Covered food establishments will be required to clearly and conspicuously display calorie information for standard items on menus and menu boards, next to the name or price of the item. Seasonal menu items offered for sale as temporary menu items, daily specials and condiments for general use typically available on a counter or table are exempt from the labeling requirements.
NACS has long advocated to the FDA that any menu labeling regulations must account for differences between the convenience store business model and a chain restaurant business model. The new rules announced recently don’t recognize how convenience stores, grocery stores, delivery operations and other approaches to foodservice are different than restaurants, according to the association. Further, NACS asserts the intent of law was designed for big chain restaurants with simple, standardized menus at all locations and Congress’s intent was to ensure those menus provide clear, understandable nutrition information.