We invited comment on whether or not “a vending machine operator might use nutrient databases, cookbooks, laboratory analyses, and different cheap means” if calorie info is not obtainable from the food producer or supplier (Id.). We also invited comment on “whether or not vending machine operators must be required to supply FDA the knowledge on which they relied to determine the total energy posted for the vending machine meals” (76 FR at 19242). (Comment 33) Some comments mentioned we must always develop a database of lined vending machine operators and those that have elected to comply voluntarily with section 403(q)(H)(viii) of the FD&C Act.
The preamble to the proposed rule (seventy six FR at ) provided an estimate of the recordkeeping burden, which consisted of the burden associated with calorie evaluation and the burden related to generating, offering, or maintaining records. Upon additional consideration, we have omitted the burden estimate related to generating, providing, or maintaining data beforehand provided in desk three of the proposed rule because the rule doesn't require vending machine operators to generate, present, or maintain information. Vending machine operators which have voluntarily registered to turn out to be subject to the Federal requirements should fulfill the calorie labeling necessities of part 403(q)(H)(viii) of the FD&C Act and § a hundred and one.eight(c). We anticipate that vending machine operators are likely to generate and preserve a report of the information on which they relied to find out the whole calories posted for the vending machine food. We encourage vending machine operators to be ready to share it with FDA upon our request throughout an inspection if we have to determine whether or not the calories declarations, posted by a vending machine operator underneath § a hundred and one.8(c), are truthful and not deceptive.
Section 403(q)(H)(viii) of the FD&C Act doesn't prescribe the place or how covered vending machine operators must acquire the mandatory calorie data to fulfill the calorie declaration requirements for coated vending machine meals. If a coated vending machine meals does not bear Nutrition Facts, we anticipated in the preamble to the proposed rule, that the vending machine operator could acquire the calorie data from food manufacturers or suppliers (76 FR at 19242).
Menus probably would not be a reliable technique of determining the calorie info for a vending machine food, as a result of the components, portion size, and method of making ready a food listed on a menu might differ from these used for a meals sold from a vending machine. Such differences might result in a calorie declaration for a meals listed on a menu that does not accurately reflect the calorie content material of the same meals offered from a vending machine.
We acknowledge, nonetheless, that compliance ultimately is predicated on the accuracy of the declaration quite than simply the strategy used to find out the calorie data. (Response 34) We agree with the feedback supporting using nutrient databases and cookbooks to find out the whole calories contained in a lined vending machine food. A vending machine operator could get hold of the mandatory calorie info from the food package's Nutrition Facts label, the producer or supplier of the food, nutrient databases, cookbooks, or laboratory analyses. We anticipate that, for many packaged meals, the vending machine operator will use the food bundle's Nutrition Facts label to determine calorie info for the meals.