Contains Nonbinding Recommendations  
Draft  Not for Implementation 
 
 
 
Calorie Labeling of Articles of Food in 
Vending Machines: Guidance for 
Industry 
 
Draft Guidance
 
 
This guidance is being distributed for comment purposes only. 
 
Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure 
that the agency considers your comment on this draft guidance before it begins work on the final 
version of the guidance, submit written or electronic comments on the draft guidance within 45 
days of publication in the Federal Register of the notice announcing the availability of the draft 
guidance.  Submit electronic comments to http://www.regulations.gov.  Submit written 
comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.  All comments should be identified with the 
docket number FDA2011F0171 listed in the notice of availability that publishes in the 
Federal Register. 
 
For questions regarding this draft document contact the Center for Food Safety and Applied 
Nutrition (CFSAN) at 240-402-2371 or CalorieLabelingVend@fda.hhs.gov. 
 
 
 
 
 
 
 
U.S. Department of Health and Human Services 
Food and Drug Administration 
Center for Food Safety and Applied Nutrition 
August 2016 
 
   
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Table of Contents 
 
I.  Introduction 
II.  Definitions 
III. Questions and Answers 
A. Covered Operators 
B.  Calorie Declaration  
C. Calorie Display 
D. Compliance 
 
   
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Calorie Labeling of Articles of Food in 
Vending Machines: Guidance for 
1
Industry
 
 
This draft guidance, when finalized, will represent the current thinking of the Food and Drug 
Administration (FDA) on this topic.  It does not establish any rights for any person and is not 
binding on FDA or the public.  You can use an alternative approach if it satisfies the 
requirements of the applicable statutes and regulations.  To discuss an alternative approach, 
contact the FDA staff responsible for this guidance as listed on the title page.  
 
I.  Introduction 
 
In the Federal Register of December 1, 2014 (79 FR 71259), the Food and Drug Administration 
(FDA or we) issued a final rule entitled Food Labeling:  Calorie Labeling of Articles of Food in 
Vending Machines (the rule).  The rule is codified at 21 CFR 101.8.  The rule implements 
section 403(q)(5)(H)(viii) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and amends 
FDAs food labeling regulations in title 21 of the Code of Federal Regulations (21 CFR) by 
adding  101.8.  The rule requires vending machine operators who own or operate 20 or more 
vending machines, or who voluntarily register with FDA to be covered, to declare calories for 
those vending machine foods for which the Nutrition Facts label cannot be examined before 
purchase or for which visible nutrition information is not otherwise provided at the point of 
purchase (see section 403(q)(5)(H)(viii) of the FD&C Act).   
 
We have prepared this guidance to help vending machine operators and industry to better 
understand and comply with the rule.  In the remainder of this guidance, you refers to persons 
or entities that are subject to the rule.  In addition, we cite the applicable regulations in many 
places throughout this document.  
 
FDA's guidance documents, including this guidance, do not establish legally enforceable 
responsibilities.  Instead, guidances describe our current thinking on a topic and should be 
viewed only as recommendations, unless specific regulatory or statutory requirements are cited.  
The use of the word should in our guidances means that something is suggested or 
recommended, but not required.  
 
   
                                                      
1 This guidance has been prepared by the Office of Nutrition and Food Labeling in the Center for Food Safety and 
Applied Nutrition at the U.S. Food and Drug Administration. 
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II.  Definitions 
 
Vending machine means a self-service machine that, upon insertion of a coin, paper currency, 
token, card, or key, or by optional manual operation, dispenses servings of food in bulk or in 
packages, or prepared by the machine, without the necessity of replenishing the machine 
between each vending operation.  (21 CFR 101.8(a)) 
 
Vending machine operator means a person(s) or entity that controls or directs the function of 
the vending machine, including deciding which articles of food are sold from the machine or the 
placement of the articles of food within the vending machine, and is compensated for the control 
or direction of the function of the vending machine.  (21 CFR 101.8(a)) 
 
III.  Questions and Answers 
 
A.   Covered Operators  
 
1.  Who is a covered operator?  
 
The rule applies to you as a covered operator if you are a vending machine operator 
who:  
  owns or operates 20 or more vending machines; or  
  owns or operates fewer than 20 vending machines and voluntarily registers to 
follow the rule  
 
(Section 403(q)(5)(H)(viii) of the FD&C Act and 21 CFR 101.8) 
 
2.  Are food manufacturers required to place calorie information on the product 
label of foods sold from vending machines?   
 
No.  Section 403(q)(5)(H)(viii) of the FD&C Act and 21 CFR 101.8 apply to certain 
vending machine operators rather than food manufacturers.  Food manufacturers may 
elect to provide the information you will need to make your own calorie declarations for 
their products, but they are not required to do so.  See question B.2 for other suggestions 
on determining the calorie information of a food item.  
 
3.  Am I required to register with the FDA to be subject to the rule? 
 
No.  If you are a vending machine operator who owns or operates fewer than 20 vending 
machines, you may voluntarily register to be subject to the rule.  If you wish to 
voluntarily register, we refer you to 21 CFR 101.8(d).  Once you register, you must 
follow the regulations and are considered a covered operator for the duration of your 
registration (see 21 CFR 101.8(d)).  If you own or operate 20 or more vending machines, 
you are automatically covered under this rule and do not need to register.  
 
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4.  Why would a vending machine operator voluntarily register to be covered by the 
rule?  
 
By voluntarily registering, you would be subject to the calorie disclosure requirements, 
and consumers would be able to examine calorie information before purchase.  
Additionally, you would not be subject to State or local nutrition labeling requirements 
for foods sold in vending machines that are not identical to the requirements of section 
403(q)(5)(H) of the FD&C Act.  (21 CFR 101.8(d)(1)).   
 
5.  What registration information am I required to submit in order to register? 
 
A vending machine operator (or its authorized official) must provide us the following 
information using Form FDA 3757, Menu/Vending Labeling Registration Form, 
at http://www.fda.gov/downloads/aboutfda/reportsmanualsforms/forms/ucm239947.pdf 
(21 CFR 101.8(d)(3)):  
 
   Contact information (including name, address, phone number, and email address) 
for the vending machine operator;  
   The address of the location of each vending machine owned or operated by the 
vending machine operator that is being registered; 
   The preferred mailing address (if different from the vending machine operator 
address) for purposes of receiving correspondence; and 
   Certification that the information submitted is true and accurate; that the person or 
firm submitting the information is authorized to do so, and that each registered 
vending machine will be subject to the requirements of section 403(q)(5)(H) of 
the FD&C Act and 21 CFR 101.8.  
 
6.  Must I use Form FDA 3757 to voluntarily register my vending machines? 
 
Yes.  There is a fillable Form FDA 3757 
at http://www.fda.gov/downloads/aboutfda/reportsmanualsforms/forms/ucm239947.pdf.  
You must use this form to ensure that complete information is submitted. 
   
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7.  How do I submit the completed form? 
 
After saving your completed form, you should email the form 
to menulawregistration@fda.hhs.gov.  If email is not available, you can either complete 
the fillable form and print it, or print a blank form and fill in the information by hand or 
typewriter; then fax the completed Form FDA 3757 to 301-436-2804 or mail it to: FDA, 
CFSAN Menu and Vending Machine Registration, White Oak Building 22, room 0209, 
10903 New Hampshire Avenue, Silver Spring, MD 20993. 
 
8.  Do I have to renew this registration and if so, when? 
 
The registration period covers two years and becomes active from the date of submission.  
To keep the registration active, the vending machine operator (or its authorized official) 
must submit a new registration within 60 days before the expiration of the vending 
machine operators current registration. (21 CFR 101.8(d)(3)(vii)).  If we do not receive 
this re-registration, the original registration will automatically expire. 
 
9.  Will FDA send reminders that it is time to re-register? 
 
No.  We will not send reminders. 
 
10. Does a covered operator have to register with State or local authorities for 
licensing purposes? 
 
Yes, if State or local agencies require you to register for licensing purposes, you should 
still register with those agencies for that purpose.  The rule has no impact on State 
licensing requirements. 
 
11. I own several vending machines at my business location (more than 20 
machines) but I do not control the operation of them.  I contract the operation of 
the vending machines to someone else.  Who is responsible for posting calorie 
information?  What if I lease the machines? 
 
Vending machine operators, as that term is defined in the vending machine labeling final 
rule, are responsible for posting calorie information for vending machine foods and 
otherwise complying with the final rule.  Whether you own or lease your vending 
machines, if you are not a vending machine operator (i.e., you do not control or direct the 
function of the vending machine, including deciding which articles of food are sold from 
the machine or the placement of the articles of food within the vending machine, and you 
are not compensated for the control or direction of the function of the vending machine), 
then you would not be responsible for posting the calorie information for the foods sold 
from your vending machines.  The person or entity you contract with, to control or direct 
the function of your vending machines would be responsible for posting the calorie 
information.  (21 CFR 101.8(c)(1)) 
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12. If I own 15 machines that dispense food and 10 machines that dispense nonfood 
items, am I a covered vending machine operator? 
 
No.  The rule defines vending machine, in part, as a machine that ...dispenses 
servings of food in bulk or in packages....  (See 21 CFR 101.8(a)) or section II of this 
guidance for the full definition.)  The rule does not apply to machines that dispense 
nonfood items.  However, if you voluntarily register, you would be a covered operator 
and would be required to provide calorie information for products vended in the 15 
machines that dispense food.  
  
13. I have a total of 20 vending machines in three States.  Does the rule apply to me?  
 
Yes, if your machines meet the definition of vending machine in the rule, the rule 
applies to you, regardless of the location of the vending machines within the United 
States and U.S. territories. 
 
14. Do small businesses have to comply with this rule? 
 
Yes.  If you are a covered operator, you must comply with the rule.  Neither section 
403(q)(5)(H)(viii) of the FD&C Act nor 21 CFR 101.8 exempts small businesses from 
the requirements.   
 
B. Calorie Declaration 
 
1.  Am I required to declare calorie information for food sold in vending machines 
in schools? 
 
Yes.  If you are a covered operator, you must declare calorie information for certain 
foods sold in vending machines in schools.  Neither section 403(q)(5)(H)(viii) of the 
FD&C Act nor 21 CFR 101.8 exempts the calorie requirements for machines located in 
schools.   
 
2.  How do I find the calories for a food item? 
 
Section 403(q)(5)(H)(viii) of the FD&C Act does not prescribe where or how covered 
vending machine operators must obtain the necessary calorie information to meet the 
calorie declaration requirements for covered vending machine foods.  We anticipate that, 
for most packaged foods, the food packages Nutrition Facts label will provide the 
information that you can use for your calorie declarations.  (Please note however, that not 
all packaged foods are required to bear a Nutrition Facts label.)  The manufacturer or 
supplier of the food may be able to supply calorie information for foods such as those that 
do not have Nutrition Facts labels.  If the manufacturer does not provide the calories for 
the food, consider finding the calories using one of the following resources: 
   
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  The U.S. Department of Agricultures National Nutrient Database for Standard 
Reference (http://ndb.nal.usda.gov/).  
  Appendix C of 21 CFR part 101 for raw fruits and vegetables.   
  Another public or private database.  When deciding which database to use, you 
should look for:  
  One that has a name and version number.  The most recent version can help 
o
ensure you have current information.  In some cases, the version number 
might be a date.   
  One that is transparent and provides more information.  A transparent 
o
database provides information on its calculations or operations (for example, 
worksheets or computer printouts) and includes the analytical method.  
Databases that compute the total calories in a finished food article are more 
informative than those that only give calories for individual ingredients. 
 
3.  Am I required to label the calories of fresh food (such as a sandwich or apple) 
sold in the vending machine?  Does the source of the fresh food (commissary, 
restaurant, or wholesaler) matter?  
 
You must include calories for fresh food (such as a sandwich or apple) that you sell in 
vending machines regardless of the source of the fresh food.  The requirements of section 
403(q)(5)(H)(viii) of the FD&C Act apply to articles of food sold from a vending 
machine and, therefore, apply to packaged and fresh food. 
 
4.  How can I determine the calories for vending machine foods that can vary in 
calorie content (such as fruit)?  
We recognize that certain vending machine foods, such as fresh fruit, may have naturally 
occurring variations in calorie content depending on the size of the fruit and other factors.  
You may rely on a number of means to determine the calorie content of covered vending 
machine food.  For example, a vending machine operator may obtain calorie information 
from nutrient databases, such as the USDA National Nutrient Database for Standard 
Reference (http://ndb.nal.usda.gov) and use such information in declaring calories, 
provided the information is truthful and not misleading, and otherwise in compliance 
with applicable requirements of the FD&C Act and 21 CFR 101.8.  Where a natural 
variation based on size or other factors for vending machine foods is significant, you 
should ensure that the calorie declarations for such foods are accurate.  You could do this 
by offering for sale vending machine foods of approximate standard size and calorie 
content or by modifying calorie declarations as appropriate.  As another option you could 
provide calorie declarations for vending machine foods as two or more different types of 
items, e.g., Apple: small; 77 calories, Apple: medium; 95 calories; Apple: large; 
116 calories. 
 
5.  If a sandwich in a vending machine includes a single serving unit of a packaged 
condiment, such as a mayonnaise packet, must the calorie declaration include 
the calories contained in the condiment packet? 
 
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Yes.  A condiment packet sold with the sandwich is part of the article of food for 
purposes of applying the requirements of section 403(q)(5)(H)(viii) of the FD&C Act.  
You must declare the total calories for the article of food as it is vended, which includes 
the calories for each component.  (21 CFR 101.8(c))  You may voluntarily declare the 
calories for packaged components (e.g., the calories for the sandwich only) in addition to 
the total calories for the complete article of food. 
 
6.  If a machine offers options for beverages, such as coffee with sugar and cream or 
hot chocolate with whipped cream, how do I list the calories? 
 
If a vending machine offers the customer options to customize the base product (for 
example, coffee, hot chocolate, or tea with options for sugar, sugar substitute, milk, and 
cream), you must declare the calories in one of two ways:  
 
  Declare the calories for the base product and each option individually (e.g., black 
coffee; added calories from sugar; added calories from cream; etc.); or 
  Declare the calories for every possible final product (e.g., black coffee; coffee 
with sugar; coffee with cream; coffee with sugar and cream; etc.). 
 
(See 21 CFR 101.8(c)(2)(i)(D).) 
 
7.  If a vended food item has multiple servings (such as a package of mini donuts) 
and lists calorie information for a single serving, must I provide additional 
calorie information for the entire package? 
 
Yes.  The calorie declaration for a packaged food must include the total calories present 
in the packaged food, regardless of whether the packaged food contains a single serving 
or multiple servings.  You may voluntarily disclose calories per serving in addition to the 
total calories for the food.  (See 21 CFR 101.8(c)(2)(i)(C).) 
 
C.   Calorie Display  
 
1.  What method must I use to display the calories? 
 
You have flexibility in determining how to display the calories because the rule provides 
for a range of methods.  Regardless of the methodmany of which we discuss below
you must ensure that the calorie declarations are clear and conspicuous and placed 
prominently (21 CFR 101.8(c)(2)(ii)) so that customers can read the calories before 
purchasing the product.  
 
2.  Does a vending machine with an electronic display that can show a virtual image 
of a Nutrition Facts label or digital display of the calories meet the requirements 
of the rule? 
 
Yes.  You may use electronic vending machines (e.g., machines with digital or electronic 
or LCD (liquid crystal) displays) to present calorie declarations, provided that the calorie 
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declaration is displayed before the customer buys the product (21 CFR  
101.8(c)(2)(ii)(E)).  These electronic displays, like all calorie declarations, must be clear 
and conspicuous and placed prominently (near the article of food or the selection button) 
(see 21 CFR 101.8(c)(2)(ii)). 
 
3.  May I use a sign or stickers to display the calories?  
 
Yes.  The rule permits you to use signs in, on, or adjacent to the vending machine, 
provided that applicable requirements of 21 CFR 101.8(c) are met (see 21 CFR 
101.8(c)(2)(ii)).  You may use one sign with calorie declarations for all of the food sold 
from the machine, or individual signs for each food item.  Alternatively, you may affix 
stickers with the calorie information to the vending machine.  You must place the sign or 
sticker near each article of food or selection button (see 21 CFR 101.8(c)(2)(ii)).  
 
4.  Does the sign have to use letters in a particular font size?  Can a sign be hand-
written?  
 
Calorie declarations on a sign next to the machine must be in a type size large enough to 
render it likely to be read and understood by the prospective purchaser (21 CFR 
101.8(c)(2)(ii)(C)).  We are not prescribing a minimum font size for the sign, but the 
customer must be able to read it under customary conditions of purchase and use 
(21 CFR 101.8(c)(2)(ii)(C)).  Additionally, the type must be all black or one color on a 
white or other neutral background that contrasts with the type color (21 CFR 
101.8(c)(2)(ii)(C).  You can use a handwritten sign if it meets these readability criteria. 
 
If the calorie declaration is in or on the vending machine, the calorie declaration must be 
in a type size no smaller than the name of the food on the machine (not the label of the 
food product), selection number, or price of the food as displayed on the vending 
machine, whichever is smallest, with the same prominence, i.e., the same color, or in a 
color at least as conspicuous, as the color of the name, if applicable, or price of the food 
or selection number, and the same contrasting background, or a background at least as 
contrasting as the background used for the item it is in closest proximity to, i.e., name, 
selection number, or price of the food item as displayed on the machine (21 CFR 
101.8(c)(2)(ii)(B)).  You can use a handwritten sign if it meets the criteria specified in 21 
CFR 101.8(c)(2)(ii)(B). 
 
5.  How often do I have to update calorie information on a sign?  Can a sign include 
calorie information for food items that may not always be stocked in the 
machine? 
 
The calorie declarations for the foods sold in the vending machine must be accurate and 
up to date.  Section 101.8(c)(2)(ii)(A) specifies, in relevant part, that the sign must give 
calorie declarations for those articles of food that are sold from that particular vending 
machine.   
 
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We recognize that calorie declarations could, in some cases, be displayed for vending 
machine foods that are not available for sale in the machine at a given time.  For 
example, the vending machine may have sold out of a particular item and it has not yet 
been restocked.  As another example, you may have temporarily replaced a food in a 
vending machine that is typically stocked with another item.  You must display the 
calorie declarations for articles of food currently or typically sold from that vending 
machine (see 21 CFR 101.8(c)(2)(ii)(A)) and otherwise satisfy the requirements of 
section 403(a)(1), (f), and (q)(5)(H)(viii) of the FD&C Act and 21 CFR 101.8. 
 
6.  If I am vending a new item and have not listed it yet on the sign, how long do I 
have to comply? 
 
To comply with the rule, you must declare the calories for all covered vended food items 
sold from your vending machine (see 21 CFR 101.8(c)(2)(ii)(A)).  If you are using a sign 
adjacent to the vending machine to declare calories for multiple covered vending machine 
foods, you may wish to consider leaving empty spaces on such sign and then, when you 
add new products, list the new product and its calories to your existing sign, rather than 
preparing a new sign every time you add a product to the vending machine.  
Alternatively, you could use individual signs for each item and switch them in or out as 
you introduce or retire various items. 
 
7.  Can a sign with the calorie information be attached to the side of the machine? 
 
No.  The customer must be able to see the sign when selecting the food.  Attaching the 
sign to the side of the machine, such that the customer cannot see it at the same time as 
selecting the food, would not meet the criteria in 21 CFR 101.8(c)(2)(ii)(A).  Specifically, 
the sign must be near the article of food or selection button (that is, in, on, or adjacent to 
the vending machine, but not necessarily attached to the vending machine), and the 
customer must be able to see the calorie declaration, the food, its name, price, and 
selection button or number at the same time.  However, a sign on a wall next to the 
vending machine could be permissible if it meets these criteria.   
 
8.  Does a sign declaring calorie information have to include food items in the 
vending machine that have front of pack (FOP) labeling? 
 
You do not have to include calorie labeling for products that have FOP calorie 
declarations if the declaration meets the criteria described in 21 CFR 101.8(b)(2) for 
visible nutrition information within the context of section 403(q)(5)(H)(viii)(I)(aa) of the 
FD&C Act.  However, if you are using a sign adjacent to the vending machine to declare 
calories for multiple covered vending machine foods, we encourage you to include on 
such sign all the food products that are being sold in that vending machine, even those 
that already have FOP calorie labeling.  Packaging for food items could change, and so a 
revised package may not always include FOP labels declaring calories. 
 
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9.  If the food item has an FOP calorie declaration, is the food subject to the 
labeling requirements of the rule? 
 
If the FOP calorie declaration for a vending machine food meets the criteria described in 
21 CFR 101.8(b)(2), such food would not be subject to the calorie declaration 
requirements of the rule, and a covered vending machine operator would not have to 
provide calories for such food.  The FOP declaration must be clear and conspicuous, and 
the customer must be able to easily read the calorie declaration while the food is in the 
vending machine.  (21 CFR 101.8(b)(2)).  Therefore, you must ensure that the machine 
does not block the FOP declaration (for example, machine coils must not cover the 
declaration).  Furthermore, the font color must be sufficient with contrasting background 
as compared to other print on the label to distinguish the information.  (21 CFR 
101.8(b)(2)).   
 
If there are products in the vending machine with FOP calorie information that do not 
comply with the criteria described in 21 CFR 101.8(b)(2), it does not necessarily mean 
that those products are misbranded.  It just means that vending machine operators cannot 
rely on the FOP calorie information on those products to provide visible nutrition 
information within the context of section 403(q)(5)(H)(viii)(I)(aa) of the FD&C Act.  
You would need to prepare your own calorie declarations for those products, consistent 
with the requirements for calorie declarations in 21 CFR 101.8(c).   
 
10. If the FOP declaration is declared as x calories per serving and y servings per 
package, would the FOP declaration be a way to provide visible nutrition 
information within the context of section 403(q)(5)(H)(viii)(I)(aa) of the FD&C 
Act?  
 
Yes, provided other criteria described in 21 CFR 101.8(b)(2) are met.  This is the same 
information that would be conveyed by the Nutrition Facts label if the operator relied on 
the Nutrition Facts label to convey the calorie information.  Having the FOP declaration 
include both information on calories per serving and servings per package allows the 
consumer to determine the total calories in the article of food as vended. 
 
11. What if parts of the vending machine (such as the coil in the vending machine) 
block some of the FOP calorie information? 
 
There are various ways you can comply with the rule.  If you are trying to use the FOP 
calorie information to provide visible nutrition information within the context of section 
403(q)(5)(H)(viii)(I)(aa) of the FD&C Act, but the machine coil blocks the FOP calorie 
information and you cannot change the position or otherwise ensure that the information 
will be visible, then you must post the calorie declarations for the food items in one of the 
ways described in 21 CFR 101.8(c)(2)(ii).  Another possibility would be to display the 
Nutrition Facts label for the food if available as provided for in 21 CFR 101.8(b)(1). 
 
12. Can I just turn the package in the machine so the Nutrition Facts label is visible 
through the glass front of the machine? 
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Yes, if this would allow the customer to easily read the nutrition information on the 
Nutrition Facts label before purchasing the product and the other criteria described in 21 
CFR 101.8(b)(1) are satisfied.  However, we do not consider smaller Nutrition Facts 
formats (such as those on gum or mints) to be of a size that customers can easily read 
through the glass front of the machine.  (See 21 CFR 101.8(b)(1).) 
 
13. Does the calorie information have to be available in Braille? 
 
No.  The rule does not require you to declare calorie information in an alternative format 
for people who are visually impaired.  However, if you wish, you may provide calorie 
information in an additional form, such as large font, Braille, or audio, as long as you 
continue to comply with section 403(q)(5)(H)(viii) of the FD&C Act. 
 
D.  Compliance     
 
1.  How long do I have to comply with the rule? 
 
If you are a covered vending machine operator (i.e., you own or operate 20 or more 
machines or you voluntarily register with FDA to be covered), you have until December 
1, 2016, to comply with the rule, which is 2 years after the date of the final rules 
publication in the Federal Register.  However, in the Federal Register of August 1, 2016 
(81 FR 50303), we issued a final rule entitled Food Labeling; Calorie Labeling of 
Articles of Food in Vending Machines; Extension of Compliance Date.  This rule 
provides that the compliance date for type size front-of-pack labeling requirements ( 
101.8(b)(2) (21 CFR 101.8(b)(2))) and calorie disclosure requirements ( 101.8(c)(2)) for 
certain gums, mints, and roll candy products in glass-front machines in the final rule 
published December 1, 2014 (79 FR 71259) is extended to July 26, 2018.  The 
compliance date for all other requirements in the final rule (79 FR 71259) remains 
December 1, 2016.  If you become subject to the rule after this date, you must comply 
immediately.  Vending machine operators who may be adding machines to their 
operation (and thus become covered under the rule) should have calorie information 
available for all of their machines at the time that their machines are added. 
 
2.  Must I provide my contact information on the vending machine? 
 
Yes.  The rule requires covered vending machine operators and vending machine 
operators that voluntarily register with FDA to be covered by the rule to list the 
operators name, telephone number, and mailing address or email address.  (21 CFR 
101.8(e)).  This information must be readable and placed on the face of the vending 
machine, or otherwise must be placed with the calorie declarations (i.e., on the sign that 
is in, on, or adjacent to the vending machine).  
 
3.  What are the penalties for not providing accurate calorie information? 
 
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If the calorie information is not accurate, the foods would be considered misbranded and 
subject to the same penalties that misbranded packaged foods are subject to under the 
FD&C Act. 
 
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