
[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Notices]
[Page 6996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02526]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0354]


Guidance for Industry: Questions and Answers Regarding the Effect 
of Section 4205 of the Patient Protection and Affordable Care Act of 
2010 on State and Local Menu and Vending Machine Labeling Laws; 
Withdrawal of Guidance

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; withdrawal.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
withdrawal of a guidance entitled ``Guidance for Industry: Questions 
and Answers Regarding the Effect of Section 4205 of the Patient 
Protection and Affordable Care Act of 2010 on State and Local Menu and 
Vending Machine Labeling Laws,'' dated August 2010. We are taking this 
action because the policies stated in the guidance have been superseded 
by our issuance of final rules on menu and vending machine labeling.

DATES: February 9, 2015.

FOR FURTHER INFORMATION CONTACT: Felicia B. Billingslea, Center for 
Food Safety and Applied Nutrition (HFS-820), Food and Drug 
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-2371.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal 
Register of August 25, 2010 (75 FR 52427), we announced the 
availability of a guidance entitled ``Guidance for Industry: Questions 
and Answers Regarding the Effect of Section 4205 of the Patient 
Protection and Affordable Care Act of 2010 on State and Local Menu and 
Vending Machine Labeling Laws.'' The guidance stated that we were 
issuing the guidance to: (1) Ensure that industry and State and local 
governments understand the immediate effects of the law, and (2) 
clarify the effect of section 4205 of the Patient Protection and 
Affordable Care Act of 2010 on State and local menu and vending machine 
labeling laws.
    We are withdrawing this guidance because we recently issued two 
final rules entitled ``Food Labeling; Nutrition Labeling of Standard 
Menu Items in Restaurants and Similar Retail Food Establishments'' and 
``Food Labeling; Calorie Labeling of Articles of Food in Vending 
Machines'' (see 79 FR 71156 (December 1, 2014) and 79 FR 71259 
(December 1, 2014), respectively). The preambles for these final rules 
discuss issues relating to Federalism and to federal preemption of 
State and local laws and reflect our latest thinking on those issues. 
Consequently, the guidance no longer reflects our current thinking 
insofar as the law's effect on State and local menu and vending machine 
labeling laws is concerned.

    Dated: February 3, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-02526 Filed 2-6-15; 8:45 am]
BILLING CODE 4164-01-P


