The U.S. Food and Drug Food and Drug Administration (FDA) has issued two guidance documents intended to assist restaurants and other retail food establishments during the COVID-19 public health emergency.

FDA has issued guidance that gives flexibility for chain restaurants and other retail food establishment on its menu labeling requirements.  The guidance outlines FDA’s temporary policy to suspend the requirement that restaurants provide nutrition information on their menus and menu boards.

Additionally, the FDA issued a fact sheet, Safely distributing unused human food for animal food use. The guidance helps suppliers who have food that can no longer be distributed for human use divert their food for animal food use to farmers and animal food manufacturers.  The guidance outlines what types of suppliers can send food for animal food use, how suppliers should send the food, what types of food should be sent, and how the food should be packaged, labeled, and held for transport.  However, food retailers will need to also follow any state regulations for animal food in addition to following the FDA guidance.

Husch Blackwell has the experience to shepherd suppliers and restaurants through FDA’s changing guidelines.  Our FDA lawyers are available to discuss these developments and identify steps your company can take to appropriately comply. Contact Seth Mailhot, Emily Lyons or your Husch Blackwell attorney for more information.