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Proposed § 101.eight(c)(i)(C) would specify the calorie declaration's type dimension, color, and contrast. Proposed § one hundred and one.8(c) would set up necessities for calorie declarations for coated vending machine meals. Sold from a vending machine that's operated by a vending machine operator that has voluntarily elected to be subject to the necessities of this part by registering with FDA underneath the provisions of paragraph (d) of this section. (We wouldn't contemplate FOP labeling that provides only the calories per serving to depend as “seen vitamin data” within the context of part 403(q)(H)(viii)(I)(aa) of the FD&C Act).

Some manufacturers have already been together with calories on their FOP labels. With respect to the comments concerning potential interactions between food manufacturers and vending machine operators, such interactions will depend upon, and are finest left to, vending machine operators and their suppliers. (Comment 16) The preamble to the proposed rule said that FOP labeling could be a way to provide “seen diet information” so long as the criteria for colour, font, and sort size are met, and the entire calories contained within the vending machine meals are included (seventy six FR at 19244).

The remark acknowledged that vending machine operators want flexibility to declare energy in ranges and that ranges will make it easier for vending machine operators to implement the calorie labeling necessities. Proposed § a hundred and one.8(c)(i)(C) would state, in related part, that the declaration of calories should be in a kind measurement no smaller than the name of the meals on the machine, not the label, choice number, or price of the meals as displayed on the vending machine, whichever is smallest.

For example, if the meals is manufactured, the vending machine operator might be able to obtain the mandatory calorie information from the food package deal's Nutrition Facts label, the producer, or nutrient databases. It is the vending machine operator's responsibility to make sure that calorie declarations for meals are correct and in any other case in compliance with section 403(a), (q)(H)(viii), and (f) of the FD&C Act and § one hundred and one.8. candy, sandwiches, or pastries as a result of such meals can have slight calorie variations.

One remark stated that because Congress used completely different phrases to specific the 2 necessities, the phrases ought to have completely different meanings. The remark contended that “article,” which is used in the vending machine labeling necessities of part 4205 of the ACA, suggests that the variety of energy per serving, and never the entire variety of energy contained in the food, have to be declared. The comment additionally noted that the vitamin labeling requirements for packaged foods is per serving.

According to the remark, if FDA thinks per serving calorie declarations aren't adequate, we should always handle the problem directly by way of our serving size rules and not not directly via the vending machine calorie declaration necessities. Proposed § 101.eight(c)(i)(E) would require that the calorie declaration for a lined vending machine food that contains multiple servings include the total variety of calories current in the vending machine meals. Proposed § 101.eight(c)(i)(E) would also permit vending machine operators to voluntarily disclose the energy per serving in addition to the whole energy for the meals. With respect to a potential variation in prepared food such as cotton sweet, sandwiches, and pastries, we also conclude that a range isn't necessary for calorie declarations for such foods. As discussed further in remark and response 34 in part III.D entitled “Determination of Calorie Content,” vending machine operators may be able to use various means to determine the calorie content for vending machine meals.

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