NAMA, the national association serving the vending industry recently posted an FAQ regarding the imminent deadline of pre-purchase posting of product calories on most vending machines.
“This FAQ document is part of our ongoing effort to ensure that as NAMA’s Government Affairs team, we’re providing the tools our members need to be fully prepared for the December 1 deadline,” said Eric Dell, Senior Vice President of Government Affairs at NAMA.
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Frequently Asked Questions FAQ
What is the effective date of the rule and how many machines much an operator own or operator to be covered by this rule?
ANSWER: All food items being sold in a vending machine must meet this rule by December 1, 2016. To be covered by the rule, the vending operator must own operate 20 machines.
Do calorie declarations have to be made on gum, mints and roll candies sold through vending machines?
ANSWER: The FDA extended the compliance date for these products until July 26, 2018 but urged operators to disclosure calories for these products if done by electronic means. NAMA is working with the food manufacturers of these products to create a cling that would be provided to operators to meet the disclosure requirements for these products.
Are there additional requirements, in this rule, for vending machines located in schools other than the calorie disclosure rules?
ANSWER: NO
Does this rule require vending machine operators to disclose nutrition information other than calories on food sold from vending machines?
ANSWER: NO. The only nutrient claim required under the rule is calories.
Are calorie declarations required for bulk vending machines?
ANSWER: Yes, food products sold from these machines are covered under this rule.
Do turret-style or turnstile vending machines have to make calorie declarations?
ANSWER: YES, food products sold from these machines are covered by this rule.
Do vending machine operators have to disclose calorie declarations on vended coffee, hot chocolate, and/or tea?
ANSWER: YES, the final rule requires vending machine operators to declare calories per option or for the final vended products.
Do vending machine operators have to disclose the total calories for food that includes condiments within its packaging, or just the food products?
ANSWER: If the food consists of more than one separately packaged component and is sold as one unit (e.g., sandwich dispensed with a single-serving packet of condiment), the calorie declaration must be for the total calories present in the food and condiment(s) as it is vended.
Do vending machine operators have to disclose calories for condiments that are not dispensed with the sandwich?
ANSWER: NO.
Does the calorie declaration have to include the word “Calories”?
ANSWER: NO, the rule allows for the calorie declaration to appear with the term “Calories” or “Cal.”
What are the requirements for disclosing calorie declarations on signage in, on, or adjacent to the vending machine?
ANSWER: The calorie declaration must be clear and conspicuous and placed prominently on the sign that is in close proximity to the article of food or selection button. Furthermore, the information must be easily read by a prospective purchaser.
What are the requirements for calorie declarations in or on the vending machine?
ANSWER: The calorie declaration must be in a type size no smaller than the name of the food on the machine (not the label), selection number, or price of the food as displayed on the vending machine, whichever is smallest, with the same prominence.
Can vending machine operators use signs listing all possible articles of food that could be sold from the vending machine to meet the calorie declaration requirements of the rule?
ANSWER: NO, however the rule did not object to vending machine operators providing a sign adjacent to the vending machine providing calorie declarations for articles of food that are typically offered for sale in the specific vending machine but may not be offered for sale at all times.
Can the vending machine operator meet the calorie declaration requirements through front of pack labeling provided by food manufacturers?
ANSWER: YES, assuming that the front of pack disclosure is visible and clear and conspicuous to a prospective purchaser.
Does the rule allow for front of pack calorie declarations to be disclosed “per serving” for multi-serving packages?
ANSWER: YES, the rule provides that to meet the front of pack disclosure requirements for these products the declaration may be as follows: “x calories per serving and y servings per package”.
Can calorie declarations be made by electronic or digital display?
ANSWER: YES, electronically displayed calorie declarations in close proximity to vending machine foods or the selection buttons would comply with the calorie declaration requirements of the rule. NAMA is currently securing answers from the FDA on issues related to timing of calorie disclosure on digital displays.
Does the rule require vending machine operators to disclose contact information on vending machines selling covered vending machine food?
ANSWER: YES, vending machine operators must post the vending operator’s name, telephone number, and mailing address or email address on the vending machine. This information must be readable and placed on the face of the vending machine, or it must be placed with the calorie declarations on the sign in, on, or adjacent to the vending machine.
Does the rule require vending machine operators to keep documentation on determination of calorie content?
ANSWER: YES.
How is the calorie declaration expressed once determined?
ANSWER: The calorie declaration of the number of calories must be expressed to the nearest five-calorie increment up to and including 50 calories, and 10-calorie increments above 50 calories.
Are vending machine operators the liable party under the rule?
ANSWER: YES, liability to comply with the rule is on the vending machine operator, not the food manufacturer.
What are the enforcement mechanisms under the rule?
ANSWER: The FDA can enforce the rules through its regulatory enforcement process. Furthermore, failure to comply with the rule will render the covered vending machine food misbranded under the Food, Drug & Cosmetic Act (FD&C). In addition, the United States can bring a civil action in federal court to enjoin a person who commits a prohibited act under the FD&C Act.
