California’s effective date does differ from any enforcement activities that will be conducted by FDA starting on May 5, 2017, because the federal Consolidated Appropriations Act prohibited expenditures of any federal funds in the enforcement of menu labeling requirements until after that date. The act does not have any impact on use of state or local funds in the enforcement of these provisions.
Since this notice was released, the CRA has been in constant contact with the California Department of Health. Unfortunately, the holiday weekend delayed a response from California officials.
In the interim period since last Wednesday, the FDA has confirmed that the calorie menu labeling law will take effect on May 5, 2017, yet “clarified” that the original December 1, 2016 compliance date remains in effect.
At the same time, the California Department of Public Health (CDPH) has advised that the law becomes effective in California on December 1, 2016. CDPH “recommends” that regulators implement the new requirements “through an educational approach for the first six months” to give businesses an opportunity to comply. It is difficult to predict the precise manner in which the California state and local authorities will enforce the new law. We are awaiting guidance document from CDPH recommending an educational approach in advance of the May 5, 2017 deadline.
Please see below for additional details.
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