Читать книгу Food Regulation - Neal D. Fortin - Страница 214

Regarding nutrition labeling, the Federal FD&C Act expressly preempts any state or local law that is not identical to the federal law.⁵⁷ State and local governments cannot directly or indirectly impose any nutrition labeling requirements on chain retail food establishments that are not “identical to” requirements imposed by FD&C Act section 403(q). States and localities that have their own nutrition labeling requirements may petition FDA for an exemption from preemption.⁵⁸

However, restaurants and similar retail food establishments that are not chains (i.e., with fewer than 20 locations) and vending machines operated by a person owning or operating fewer than 20 vending machines⁵⁹ do not fall under the preemption provision because these establishments and vending machines are outside of the federal nutritional labeling requirements. That is, restaurants and vending machines that are exempt from the requirements of FD&C Act section 403(q)(5)(H) continue to be governed by state and local regulations, as applicable, unless those establishments elect to participate exclusively in the federal regulatory program (see below).