[vendtalk] IMPORTANT! PLease consider commenting! Vending & Food Service Rules Have Been Proposed!

[Vandervoort's]

IMPORTANT! 
Your world is about to change, and especially for those with vending
machines!  The labeling rules have now been proposed by the FDA and you have
an opportunity to comment - and you should, your voice counts!  

If you do, remember, you cannot attack the legislation; you can only comment
regarding the proposed rules and how you are impacted and perhaps you and
others like you/us should be exempted or come under a different or new rule.

The FDA is accepting commentary on the proposed rules for vending machines
and restaurants. Go to http://www.regulations.gov 
to submit a comment today!  For more information on commenting, visit 
http://www.ofr.gov/inspection.aspx.

Here are the three relevant stories - 

Ahead of the Times eNews

BREAKING NEWS
FDA Issues Proposed Labeling Requirements For Vending Machines

WASHINGTON -- The Food and Drug Administration yesterday issued two proposed
regulations regarding calorie labeling on menus and menu boards in chain
restaurants, retail food establishments and vending machines.
 
The proposed rules for vending machines were originally scheduled for
release on March 23.
 
The menu-labeling rule proposed on April 1 applies to chain restaurants and
similar retail food establishments. They call for listing calories in
restaurants and similar retail food establishments that are part of a chain
with 20 or more locations doing business under the same name and offering
for sale substantially the same menu items.
 
A companion rule proposes calorie posting for food sold in vending machines.
 
The proposals have a 60-day comment period. The FDA said it hopes to issue
the final rules by the end of 2011 and proposes they become effective six
months later.
 
The administration wants vending companies that operate 20 or more machines
to provide a sign in close proximity to each article of food or the
selection button that includes a clear and conspicuous statement disclosing
the number of calories contained in the article -- unless certain nutrition
information is already visible on individual packages of food inside a
machine.
 
Read the full story 
http://r20.rs6.net/tn.jsp?llr=azmqpybab&et=1105035514751&s=7044&e=0012vM3wMa
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-Lk8LyTdm3k8ZLQXQf_rmzKozCqp5HJPkGAZwzWYZBwDccxDACHnhhkNnrZvbXBFydzAcyQMrZBT
S742vv22oLJIgjLT9AGcQUtZh3OsBq84jY7lWvNPmnaZ3FCvbmu8F-QYcthlGlSbp7CBQzDO9uMY
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aKG81VRtrHeZGnDIOEsw3ix7x5u9oJ4RBqCincR8=


Issue Date: Vol. 51, No. 4, April 2011, Posted On: 4/2/2011 

FDA Issues Proposed Labeling Requirements For Vending Machines

Nick Montano; Nick at vendingtimes.net 

WASHINGTON -- The Food and Drug Administration on April 1 issued two
proposed regulations regarding calorie labeling on menus and menu boards in
chain restaurants, retail food establishments and vending machines. 
The proposed rules for vending machines were originally scheduled for
release on March 23. | SEE STORY
The menu-labeling rule proposed on April 1 applies to chain restaurants and
similar retail food establishments. They call for listing calories in
restaurants and similar retail food establishments that are part of a chain
with 20 or more locations doing business under the same name and offering
for sale substantially the same menu items. 
A companion rule proposes calorie posting for food sold in vending machines.

The proposals have a 60-day comment period. The FDA said it hopes to issue
the final rules by the end of 2011 and proposes they become effective six
months later. 

The administration wants vending companies that operate 20 or more machines
to provide a sign in close proximity to each article of food or the
selection button that includes a clear and conspicuous statement disclosing
the number of calories contained in the article -- unless certain nutrition
information is already visible on individual packages of food inside a
machine. 

By the FDA's own estimate, it will take vending machine owners 14 million
hours a year to comply with the calorie law to display information for every
item they sell. | SEE STORY
See Fox News interview with Wittern Group president Heidi Chico, who
explains how the regulation could severely impact vending and cost the
industry jobs.

The National Automatic Merchandising Association is lobbying Congress and
the administration to rethink the effect of imposing new regulatory burdens
unrelated to public safety and health on small business at a time when the
economy is struggling to recover. 

The FDA is also suggesting restaurants be required to include a reference
point of appropriate caloric intake for consumers. Posting a phrase similar
to: "A 2,000 calorie diet is used as the basis for general nutrition advice;
however, individual calorie needs may vary," would "help the public
understand the significance of the calorie information provided," the
administration's proposal said. 

Full nutritional information, such as fat, cholesterol and sodium content,
would be available upon request under the FDA's proposal. 

Many chain restaurants, especially in the fast-food sector, already post
nutritional information in stores and online. However, most establishments
in the casual and upscale dining sector do not, so the rules will likely hit
them harder. 
The FDA is recommending that establishments whose primary business is not to
sell food, such as movie theaters, airplanes or bowling alleys, be excluded
from the requirements. 
Under the FDA rules, state and local governments will not have the authority
to impose any different nutrition labeling requirements for food sold in
restaurants and through vending machines covered by the federal
requirements. It also said that restaurants, similar retail food
establishments and vending machine operations that are not covered by the
federal requirements could voluntarily register to be covered. 

The FDA is accepting commentary on the proposed rules for vending machines
and restaurants. Go to http://www.regulations.gov to submit a comment. 

For more information on commenting, visit
http://www.ofr.gov/inspection.aspx.

Source:
http://www.vendingtimes.com/ME2/dirmod.asp?sid=&nm=Vending+Features&type=Pub
lishing&mod=Publications%3A%3AArticle&mid=8F3A7027421841978F18BE895F87F791&t
ier=4&id=32C0EEC712E74BC88710FE3C98EFE99F

Ahead of the Times

Issue Date: Vol. 50, No. 12, December 2010, Posted On: 11/10/2010 
FDA Estimates Vendor Compliance With Calorie Disclosure Rules Will Require
14 Million Hours Annually; NAMA Petitions For Relief

Tim Sanford; Editor at vendingtimes.net 

WASHINGTON -- A notice published by the Food and Drug Administration in the
Federal Register (Nov. 5, 2010) estimates that the vending industry will
need to spend 14 million hours annually to comply with the calorie
disclosure requirements inserted into the healthcare reform legislation
passed early this year.
The National Automatic Merchandising Association said it is urging Congress
and the administration to rethink the effect of imposing new regulatory
burdens unrelated to public safety and health on small business at a time
when the economy is struggling to recover.

Discussing this estimate, NAMA senior vice-president of government affairs
Ned Monroe observed, "Our industry has always understood that consumers need
access to product nutritional information, but requiring an industry to
invest 14 million hours annually is absurd and sure to kill jobs. We are
opposed to the colossal burden these regulations impose on our industry, and
this report just confirms what an enormous and unfair burden it truly is." 
The legislation requires vending companies that operate 20 or more machines
to provide a sign in close proximity to each article of food or the
selection button that includes a clear and conspicuous statement disclosing
the number of calories contained in the article. 

Monroe said that the FDA "estimates a total of 14,068,808 recurring hours,
with nearly all of these for vending machine operators, including 31,408
recurring hours for recordkeeping and 14,037,400 recurring hours for
third-party disclosure."

He emphasized that the vending industry has had programs in place for years
that address concerns about the role of a balanced diet in maintaining
health.
"Over the past several years the vending industry has helped address
skyrocketing obesity rates by investing millions of dollars into its
Balanced for Life program to educate consumers about the elements of a
healthy diet and the importance of physical activity," Monroe pointed out.
"In addition, as part of that work, we developed our highly acclaimed 'Fit
Pick' nutrition rating system that clearly marks in the vending machine
'better-for-you' items that meet strict nutritional guidelines.

"Considering that most products purchased out of a vending machine are the
same ones that are well-known and available in other retail channels
everywhere, and not prepared menu items where consumers may be unaware of
what the nutritional content is, we question whether this measure is
necessary at all," the NAMA government affairs expert explained.
"It's even more troubling that, after reviewing the calculations in the
report, the 14 million hour estimate might not even be enough," Monroe
continued. "The implementation for this policy is completely wrong. It's
obvious that the FDA needs to rethink this approach completely. In this
economy where our small business members are struggling to survive, they
can't afford to spend 14 million hours each year to comply with this new
regulation."
The FDA notice is online at edocket.access.gpo.gov/2010/pdf/2010-28014.pdf.
In response to this and other threats, NAMA has called on Congress and the
administration to freeze and reevaluate new federal regulations not directly
related to health or safety of the public. The proposal is similar to job
creation ideas advanced by former President Ronald Reagan, Gov. Mitch
Daniels (R-IN), the U.S. Chamber of Commerce and the Heritage Foundation.

Monroe said that the new rules, and the likelihood of more now on the
horizon, add to the uncertainty of job creators. Owners of vending
businesses, for example, confront new Americans with Disability Act
regulations, light-truck fuel efficiency standards, 1099 reporting
requirements, the calorie disclosure regulations and Energy Star
regulations.
"When our vending operators can't even make payroll, how can they be
expected to comply with all these new red-tape bureaucratic regulations?" he
wondered.

"A one-year regulatory timeout, forbearance or freeze will provide our small
businesses a chance to regroup and recover in the current economy," he
pointed out. "NAMA calls on President Obama to issue an executive order to
all federal agencies directing them to evaluate the economic impact of
implementation and promulgation of new regulations that do not impact the
health and safety of the public, and where legal flexibility allows such
relief.
"Congress should pass legislation calling for federal agencies to also
freeze and re-evaluate the need, cost and value of new regulatory rule
writing in an effort to create jobs," Monroe added. "America's small
businesses must have regulatory relief if we are to start creating jobs. Now
that the voters have spoken, let's start creating jobs by providing relief
from all this new federal red-tape."

The Small Business Administration reported in September 2010 that existing
total regulatory costs amount to approximately $1.75 trillion each year. New
rules and regulations continue to be promulgated, with agencies drafting 43
new rules during the 2010 fiscal year alone