After publication of the final rule, we included a frequently asked question on our website
asking “When must the label be displayed on food packages?” In our response, we stated our
current thinking was for the label to be displayed on food products that are initially
introduced into interstate commerce on or after the compliance date. We received a number
of questions about products at various points in the distribution chain and whether the
product would need to bear the new version of the Nutrition or Supplement Facts label.
After further consideration, we are revising the language used to describe when products
need to comply with the requirements of the final rule to avoid potential confusion.
Products that are labeled on or after July 26, 2018 (and July 26, 2019 for manufacturers with
less than $10 million in annual food sales) must bear a nutrition label that meets our new
nutrition labeling requirements in 21 CFR 101.9 and 21 CFR 101.36. Products that are
labeled before July 26, 2018 (and July 26, 2019 for manufacturers with less than $10 million
in annual food sales) do not need to be in compliance with the new labeling requirements,
and therefore, do not need to bear the new nutrition label. To determine the compliance date
for a particular food product, we would not consider the location of a food in the distribution
chain. For example, the food product, whether labeled before or after the compliance date,
may be at the manufacturing facility awaiting distribution, at a warehouse awaiting further
distribution, in transit to the United States to be offered for import, or on the store shelf of a
U.S. retail establishment. We consider the date the food product was labeled for purposes of
determining the compliance date.
We do not object to the use of a sticker for providing a revised nutrition label that meets our
new requirements in 21 CFR 101.9 and 21 CFR 101.36 before new packaging is printed.
The sticker label should not cover any other mandatory information and should adhere to the
package during normal handling.
