[vendtalk] Quick analysisand answer on some questions - FDA Regs: RS Vendors with Under 20 Machines Exempt

Vandervoort's vandervoorts at sbcglobal.net
Wed Apr 6 12:53:27 UTC 2011

To All,
I have gone through the 68 pages from the FDA.  To expand on Sean's clippings, I have attached the specific words in the released document from the FDA, also attached in whole, that pertains to vending and the questions asked that I know of.  Yes, the law does apply to the Randolph Sheppard program.  

>From my personal review of the language, I have made some observations to answer some immediate questions.  However, I encourage you all to read the entire FDA document.  (I would also like there to be an official source for Answers to the various questions.  If Terry or Sean or Mike or whomever can step up to that, hooray!)  

Also, if there is a correction or another view than what I am attempting to quickly provide below, I am all ears.  

And yes, there are a lot of items that the FDA is seeking additional comments on, and we now have less than 60 days, I believe.  In the attached, I have included a few that they are requesting.  I look forward to a sample comment letter to be sent to the FDA like we had last year!

Mike Vandervoort
Vandervoort’s Vending
Abilene, Texas

1. A vending machine includes food and beverage machines (Coke machines and snack machines and cold food machines).  

2. If you operate any combination of 20 or more in total, this law impacts on YOU.  It means 20 or more total under your control, not 20 or more in one location.

3. The proposed rules states you can have the required nutritional information on a poster on or adjacent to the machine BUT the customer must be able to read the poster or whatever AND the selection buttons at the same time and before pushing the final button to purchase.  Read the discussion and specifics.  The exact location is covered by a lot of ifs and buts.

4. YOU are each required to do YOUR own labels but they must conform to certain size and other requirements though no specific fonts or sizes are specified.

5.  Maybe, but usually not now, the manufacturers MAY provide labeling on the front side of a product in a way that may not be obstructed by the coils or whatever of the machine so that one product might not need a separate label from you.  A lot of ifs and maybes and if the manufacturers want it, etc.  Don’t hold your breath.  

6.  The law and rule does not specify exactly how or where you get calorie information if the manufacturer did not provide it on the packaged product.  Watch out if you buy locally wrapped fresh produce, etc.

7.  The laws will take effect one year after the rules are finalized (not now).

I think we need a universal labeling guideline, maybe standard blank labels, etc., for Randolph Sheppard, if not nationally, then by state.  We should not each have to figure out the many specifics of complying with this law and its rules, nor should we have to be subject to lawsuits to help us understand how to comply.  That just me talking.

Previous email -
"This is VERY good news with respect to the requirement that we post caloric information on our vending machines.  Some vendors will be completely exempt while others will have some flexibility in how we post it."
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