As a result of the COVID-19 pandemic, restaurants and food manufacturers may have food not labeled for retail sale that they wish to sell at retail.  For example, restaurants may have purchased ingredients that they can no longer use to prepare restaurant food and instead wish to sell to their customers.  To facilitate the distribution of food during the COVID-19 pandemic, the U.S. Food and Drug Administration today released a guidance document,  Guidance for Industry: Temporary Policy Regarding Nutrition Labeling of Certain Packaged Food During the COVID-19 Public Health Emergency, to provide food manufacturers with flexibility regarding nutrition labeling of certain packaged food.

For food manufacturers that have inventory on hand that is labeled for use in restaurants, the FDA does not intend to object to the sale of packaged food that lacks a Nutrition Facts label by food manufacturers, provided that the food does not have any nutrition claims and contains other required information on the label, including the following, as applicable:
  • A statement of identity,
  • An ingredient statement,
  • The name and place of business of the food manufacturer, packer, or distributor,
  • Net quantity of contents, and
  • Allergen information required by the Food Allergen Labeling and Consumer Protection Act.