Retail Food Labeling Requirements for Restaurants Selling Products
As a restaurant owner, you are probably well aware of the final rule changes by the Food and Drug Administration (FDA). This rule went into effect in May of 2018 regarding calorie and nutrition label information. What you might not know is how these final rule changes affect labeling requirements regarding food that a customer would typically take away rather than eat immediately. Some of these products include:
Deli meats and cheeses
Homemade Ice Cream
Foods that are intended to be consumed over several eating occasions or stored for later users are not considered “restaurant-type” food. These foods are not subject to the same calorie declaration requirements as the other items on your menu. Another exemption is food that is usually prepared further before consumption (such as deli meats and cheeses). Foods that are typically sold by weight are also exempt from the “restaurant-type” food requirement.
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Packaged foods regulated by the FDA would typically require a Nutrition Facts Label. Food that is primarily prepared on-site is considered exempt from all labeling requirements. Labeling is also not required if the food is not prepared on-site but is sold according to customer specifications (e.g., by weight or volume).
For foods that require nutrition labeling, there is also a small business exemption. If a restaurant employs fewer than the equivalent of 100 full-time employees and sells less than 100,000 units of a food product, they are exempted. As a result, they can file a notice with the FDA and be granted an exemption.
If none of these exemptions apply, it’s possible that the food product you’re selling might require a nutrition label. It is best to go over any questions you may have with an expert consultant who can go over the requirements with you.
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