Overnight Regulation: FDA delays ObamaCare calorie count rule

Welcome to OVERNIGHT REGULATION, your daily rundown of news from Capitol Hill and beyond. It’s Thursday evening here in Washington. Here’s the latest.

 

THE BIG STORY

The Food and Drug Administration (FDA) is delaying a controversial ObamaCare rule that requires restaurants to list the number of calories in the food they sell.

Restaurants and grocery stores will not have to comply with the contentious new rule until after the 2016 presidential election — at which time a Republican president could choose to scrap the rule altogether.

The controversial menu labeling requirements issued late last year would require major restaurants and grocery stores to issue calorie counts.

{mosads}But the rules have generated bipartisan blowback on Capitol Hill.

The FDA’s delay comes amid fierce pressure from Congress to back down from the rules.

“The FDA agrees additional time is necessary for the agency to provide further clarifying guidance to help facilitate efficient compliance across all covered businesses,” FDA deputy commissioner Michael Taylor noted in a statement.

The FDA announced the delay Thursday morning. Businesses will have until Dec. 1, 2016, to comply.

The menu labeling requirements came under attack from Congress as lawmakers on both sides of the aisle called for more time for businesses to comply with the rule.

Lawmakers sought to delay the menu labeling requirements through a spending bill provision that would have pushed the effective date back to Dec. 1, 2016.

Reps. Cathy McMorris Rodgers (R-Wash.) and Loretta Sanchez (D-Calif.) also introduced stand-alone legislation that would have done the same thing.

Meanwhile, dozens of senators led by Sens. Lamar Alexander (R-Tenn.) and Patty Murray (D-Wash.) also asked for more time.

While Republicans and many Democrats support the delay, others do not. Rep. Rosa DeLauro (D-Conn.) said she was “dismayed” by the FDA decision to push back the compliance date.

“Enough is enough,” DeLauro said in a statement. “Industry is doing everything they can to stonewall implementation of this important public health tool.”

“Ultimately, we need to make sure consumers have nutrition information available to them when making purchasing decisions,” she added.

The food industry said it is relieved by the decision to delay the rules.

“We’re encouraged that FDA’s commitment will give us more time to at least garner some clarity and answers without feeling rushed to make difficult business decisions in an attempt to comply… with regulations that are unclear,” Food Marketing Institute (FMI) President and CEO Leslie G. Sarasin said in a statement.

 

ON TAP FOR FRIDAY

The House Financial Services Housing and Insurance Subcommittee will hold a hearing on the future of housing in America and the oversight of HUD’s public and Indian housing programs. http://1.usa.gov/1eKnLYr

The Federal Deposit Insurance Corporation will hold a meeting of the Advisory Committee on Community Banking to discuss current issues affecting community banking. http://1.usa.gov/1NWLCQJ

 

TOMORROW’S REGS TODAY

The Obama administration will publish 180 new regulations, proposed rules, notices, and other administrative actions in Friday’s edition of the Federal Register.

Here’s what to watch for:

–The Pipeline and Hazardous Materials Safety Administration (PHMSA) will propose changes to pipeline safety regulations.

Pipeline operators would be required to notify the PHMSA of accidents and incidents in a timely fashion under the new safety requirements. The regulations would also include new drug and alcohol testing requirements, among other things.

The public has 60 days to comment. http://bit.ly/1TovBWR

–The Centers for Disease Control and Prevention (CDC) will not cover autoimmune diseases as part of a healthcare program for the survivors of the 9/11 terrorist attacks.

The World Trade Center Health Program was established to provide health insurance for people who suffer from certain medical conditions as a result of exposure to the terrorist attacks. This includes fire fighters and police officers who responded, as well as people who lived, worked or attended school in the area.

But the CDC says it cannot find a link between exposure to the terrorist attacks and autoimmune diseases.

The decision goes into effect immediately. http://bit.ly/1KSarz5

–The U.S. Department of Agriculture (USDA) will issue new labeling requirements for veterinary products.

The USDA’s Animal and Plant Health Inspection Service is simplifying the existing labeling requirements to make it easier for veterinarians and other customers to understand.

The agency says the new rules will “better communicate product performance to the user.”

Manufacturers will also be required to issue a summary of the safety data of veterinary products.

The new rules go into effect in 60 days. http://bit.ly/1KSakU9

–The Federal Communications Commission (FCC) will issue new requirements to make emergency video information accessible to blind people.

When emergency information is available to the general public on smartphones, tablets and laptops, the video programmers will also be required to provide audible emergency information on those devices for blind people.

The new rules go into effect in 30 days. http://bit.ly/1NRVR8d

 

NEWS RIGHT NOW

Asbestos: Senate Democrats are calling on the Consumer Product Safety Commission (CPSC) to ban talc from children’s products after tests commissioned by the Environmental Working Group (EWG) Action Fund found fibers of asbestos in four brands of crayons and in two kinds of kiddie crime lab kits. http://bit.ly/1KSenzN

Benefits: Extending Social Security benefits to same-sex couples could cost the government as much as $350 million per year, according to a 2004 report from the Congressional Budget Office (CBO). http://bit.ly/1Gadniq

Work: Democratic presidential candidate Sen. Bernie Sanders (I-Vt.) says Americans already work longer hours than employees in most other countries and shouldn’t be forced to “work even longer hours than they currently do.” http://bit.ly/1LYIKon

Menus: The Food and Drug Administration is delaying a controversial ObamaCare rule that requires restaurants to list the number of calories in the food they sell. http://bit.ly/1JRLWSa

Ku Klux Klan: A Georgia court is scheduled to hear arguments Thursday about whether the Ku Klux Klan can adopt a highway in the state. http://bit.ly/1JSlqs0

Trump: The Federal Aviation Administration (FAA) said on Thursday it would rename three navigation points currently referencing Republican presidential hopeful Donald Trump. http://bit.ly/1JXsq49

Pain pills: Federal health regulators are bolstering warning labels on popular pain relievers like Advil and Aleve, adding new information about the risks of heart attack and stroke, AP reports. http://bit.ly/1IN1jKd

Pot bars: A majority of Denver voters support recreational marijuana smoking in bars and other public venues in the city, according to a new survey, boosting a new drive to expand legalized pot, The Huffington Post reports. http://huff.to/1J6Kg1D

 

BY THE NUMBERS

$350 million: How much the Congressional Budget Office estimated in 2004 it would cost to extend Social Security benefits to same-sex couples each year by 2014.

12/1/16: The date businesses have to start listing calories on all food they sell.

 

QUOTE OF THE DAY

“Americans already work the longest hours of any people in the Western industrialized world,” — Sen. Bernie Sanders (I-Vt.) responding to GOP presidential candidate Jeb Bush’s remark that “people need to work longer hours.” Bush’s campaign said he was talking about the need for more full-time jobs than part-time employment.

 

We’ll work to stay on top of these and other stories throughout the week, so check The Hill’s Regulation page (http://digital-staging.thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@digital-staging.thehill.com or lwheeler@digital-staging.thehill.com. And follow us at @timdevaney and@wheelerlydia.

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