FDA BEHIND SCHEDULE ON LABEL INSPECTIONS

AMY I. STICKEL

WASHINGTON -- The U.S. Food and Drug Administration is running behind schedule for its inspections to see if supermarkets are in compliance with the Nutrition Labeling and Education Act, which requires retailers to voluntarily provide nutrition information for top-selling produce and seafood items.

The random inspections were due to start earlier this month. Judy Foulke, an FDA spokeswoman, said she was not sure when the inspections will begin or why they were delayed.

Kathy Means, director of communications for the Produce Marketing Association, Newark, Del., said she is not surprised by the delay.

However, she said that PMA is trying to get the word out to retailers to be prepared for an inspection at any time, since government inspections take place in supermarkets throughout the country and are unannounced. She stressed that signs should be up all the time, which is in keeping with the spirit of the labeling law.

Should stores fail to be in compliance, the law could become mandatory. "Nobody wants mandatory compliance," Means said.

The Nutrition Labeling and Education Act of 1990, the law that made sweeping changes in the information that food products must bear, requires all retailers to provide consumers with nutrition information on the top 20 seafood products and the top 20 fresh fruits, as well as the top 20 fresh vegetables in their stores.

The FDA inspects supermarkets to determine if retailers are using the proper labels. The program will remain voluntary, as long as the supermarket industry as a whole is found to be in "substantial compliance."

"Substantial compliance" means that 60% of the retailers inspected must post 90% of the required information.

The industry passed the first round of inspections in 1992. At that time, the government found 76% of retailers were in compliance for produce information, and 74% for seafood.

However, larger independents and chain stores had a better record than small independents, who were found to be in compliance only 42% of the time for produce and 25% for seafood.

To comply with the regulations, retailers can either post a sign or have nutrition information readily available in brochure, notebook or leaflet form in close proximity to the foods, according to PMA.

Nutrition posters used for the last FDA compliance check in 1992 are still acceptable now. The Food Marketing Institute here also has posters available, along with camera-ready art. The FDA will be proposing new, final labeling regulations sometime in the next year, but the older posters are acceptable until then, according to PMA.