Contains Nonbinding Recommendations 
 
Calorie Labeling of Articles of Food in 
Vending Machines: Guidance for 
Industry 
 
Small Entity Compliance Guide 
 
Additional copies are available from: 
Office of Nutrition and Food Labeling  
Food Labeling and Standards Staff, HFS-820 
Center for Food Safety and Applied Nutrition 
Food and Drug Administration 
5001 Campus Drive 
College Park, MD  20740 
(Tel) 240-402-2371 
http://www.fda.gov/FoodGuidances  
 
You may submit electronic or written comments regarding this guidance at any time. 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 listed in the 
notice of availability that publishes in the Federal Register.  
 
For questions regarding this document contact the Center for Food Safety and Applied Nutrition 
(CFSAN) at 240-402-2371.    
 
 
 
 
 
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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  Contains Nonbinding Recommendations 
 
Table of Contents 
1.  Introduction 
2.  Who is Subject to the Rule? 
2.1.  How does the Rule Define "Vending Machine Operator?" 
2.2.  How does the Rule Define "Vending Machine?" 
2.3.  Does the Rule Apply to Food Manufacturers? 
2.4.  How do I Voluntarily Register to Become Subject to the Rule? 
3.  What Foods are Covered by the Rule? 
3.1.  Are Dietary Supplements Covered by the Rule? 
3.2.  Does the Rule Cover Food Items that Come in Small Packages or Contain 
Insignificant Nutrient or Caloric Content? 
4. What Vending Machine Foods are Not Covered by the Rule?
   
4.1.  What Permits the Prospective Purchaser to Examine the Nutrition Facts Label? 
4.2.  How Can Visible Nutrition Information Otherwise be Provided? 
5. How do I Comply with the Calorie Declaration Requirements?
   
5.1.  How Must I Declare Calories? 
5.2.  Where May I Place the Calorie Declaration? 
5.3.  Can I Make Calorie Declarations for Foods Other than those Sold in a Vending 
Machine? 
5.4.  Are there Type Size and Color Requirements for the Calorie Declarations? 
5.5.  Can I Use an Electronic Vending Machine to Satisfy the Calorie Declaration 
Requirements? 
6. What Contact Information Must I Provide and Where Must I 
 
Put It?
 
7. How Can I Determine the Calorie Content for Vending 
 
Machine Foods?
 
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8. When Must I Comply with the Rule?
   
9. What Happens if I Fail to Comply with the Rule? 
 
 
 
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Calorie Labeling of Articles of Food in 
Vending Machines: Guidance for 
Industry1
 
 
Small Entity Compliance Guide 
 
This guidance represents the current thinking of the Food and Drug Administration (FDA or we) 
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.  
 
1. Introduction 
On December 1, 2014, FDA (we) published a final rule entitled Food Labeling; Calorie 
Labeling of Articles of Food in Vending Machines (the final rule) in the Federal Register (79 
FR 71259, December 1, 2014).  The final rule, which is now codified at Title 21 of the Code of 
Federal Regulations at  101.8 (21 CFR  101.8), requires that vending machine operators who 
own or operate 20 or more vending machines, or who voluntarily elect to be covered, provide 
calorie declarations 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.  Covered vending machine operators must comply with the final rule by 
December 1, 2016.  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.  We have prepared this Small Entity Compliance Guide in accordance with 
section 212 of the Small Business Regulatory Enforcement Fairness Act (Public Law 104-121, as 
amended by Public Law 110-28).  This guidance document restates in plain language the legal 
requirements set forth in the rule and is intended to assist small entities in complying with the 
final rule (21 CFR 101.8).  The final rule is binding and has the full force and effect of law. 
                                                           
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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FDAs 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.  
In the remainder of this guidance, you and I refer to vending machine operators that are 
subject to the rule.  Many of the answers in this guidance are followed by parenthetic citations 
that indicate where the information in the answer is codified. 
2. Who is Subject to the Rule?  
You are subject to the rule if you are a vending machine operator who owns or operates 20 or 
more vending machines.   
If you are a vending machine operator who owns or operates fewer than 20 vending machines, 
you can voluntarily register to be subject to the rule.  (For more information about voluntary 
registration, see part 2.4 of this guide.)  (21 CFR 101.8(c)(1)(ii))    
2.1.  How does the Rule Define "Vending Machine Operator?"  
The rule defines vending machine operator as 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)) 
2.2.  How does the Rule Define "Vending Machine?"  
The rule defines "vending machine" as 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)) 
2.2.1.  Does the Rule Apply to Turret-style"/"Turnstile Vending Machines? 
Yes, turret-style or turnstile vending machines (as depicted in Figure 1 of this document) 
are vending machines as defined by  101.8(a).  The definition of the term vending 
machine considers whether the machine, as a whole, needs to be restocked after each 
vending operation and not whether individual spaces for food are replenished.  
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 Figure 1:  Example of a "Turret-style"/"Turnstile" Vending Machine 
 
 
2.2.2.  Does the Rule Apply to Game Vending Machines that Dispense Food?  
No, an article of food that may be dispensed from a vending machine as part of a game or 
other non-food related activity does not constitute an article of food sold from a vending 
machine within the context of section 403(q)(5)(H)(viii) of the Federal Food, Drug, and 
Cosmetic Act (FD&C Act).  Game machines sell the opportunity to play a game or 
experience entertainment, and not the article of food itself.   
   
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Figure 2:  Examples of "Game" Vending Machines 
 
 
2.2.3.  Does the Rule Apply to Bulk Vending Machines?  
Yes, the rule applies to vending machines as defined by  101.8(a), regardless of how 
many different articles of food or types of food they sell and regardless of whether they 
have selection buttons.  
   
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Figure 3: Examples of Bulk Vending Machines 
 
 
2.3.  Does the Rule Apply to Food Manufacturers? 
No, section 403(q)(5)(H)(viii) of the FD&C Act and  101.8 apply to certain vending machine 
operators rather than food manufacturers.  
As food packaging and vending machine technology evolve, food manufacturers, vending 
machine manufacturers, and vending machine operators may choose to work together to help 
vending machine operators comply with the rule.  For example, food manufacturers may wish to 
label packaged foods so that they satisfy the requirements of  101.8, but they are not required to 
do so.  Packaged foods whose labels satisfy the criteria set forth in  101.8(b) are not covered by 
the rule and therefore vending machine operators are not required to provide calorie declarations 
for such foods. 
2.4.  How do I Voluntarily Register to Become Subject to the Rule?  
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 by providing FDA with the following 
information: 
  The contact information (including name, address, phone number, e-mail 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; 
  Preferred mailing address (if different from the vending machine operator address), for 
purposes of receiving correspondence; and  
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  Certification that the information submitted is true and accurate, that the person or firm 
submitting it is authorized to do so, and that each registered vending machine will be 
subject to the requirements of the rule. 
You must use the form provided on our website at 
http://www.fda.gov/food/ingredientspackaginglabeling/labelingnutrition/ucm217762.htm to 
ensure that complete information is submitted.  (21 CFR 101.8(d)(3)(vi))  You should type 
complete information into the portable document format (PDF) form, save it on your computer, 
and send it by e-mail to menulawregistration@fda.hhs.gov.  If e-mail is not available, you can 
either fill in the PDF form and print it out (or print out the blank PDF and fill in the information 
by hand or typewriter), and either fax the completed form to 301-436-2804 or mail it to FDA, 
CFSAN Menu and Vending Machine Labeling Registration, White Oak Building 22, Rm. 0209, 
10903 New Hampshire Ave., Silver Spring, MD 20993.  (21 CFR 101.8(d)) 
2.4.1.  How Long does My Voluntary Registration Last?  
If you voluntarily register to be subject to the requirements of the rule, you must re-
register every other year within 60 days before your current registration expires.  
Registration will automatically expire if you do not renew it.  (21 CFR 101.8(d))  
3. What Foods are Covered by the Rule?   
A covered vending machine food is one that is: 
  sold from a vending machine that is operated by a vending machine operator subject to 
the rule (see part 2 of this guide); and 
  sold from a vending machine that does not permit the prospective purchaser to examine 
the Nutrition Facts label prior to purchase, or does not otherwise provide visible nutrition 
information at the point of purchase (see part 4 of this guide).  (21 CFR 101.8(c)(1)) 
Foods that are covered by the rule must bear calorie declarations (see part 5 of this guide).  (21 
CFR 101.8(c)(2)) 
3.1.  Are Dietary Supplements Covered by the Rule?  
Yes.  Section 201(f) of the FD&C Act defines food as: (1) articles used for food or drink for 
man or other animals, (2) chewing gum, and (3) articles used for components of any such 
article.  Further, section 201(ff) of the FD&C Act explains that dietary supplements are deemed 
to be foods within the meaning of the FD&C Act except for the purposes of sections 201(g) 
(definition of drug) and 417 (reportable food registry) of the FD&C Act.  The requirements of 
section 403(q)(5)(H)(viii) of the FD&C Act apply  [i]n the case of an article of food sold from a 
vending machine and, therefore, apply to dietary supplements, but do not apply to drugs, 
including over-the-counter drugs.   
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3.2.  Does the Rule Cover Food Items that Come in Small Packages 
or Contain Insignificant Nutrient or Caloric Content?  
Yes. The rule makes no exception for vending machine foods that come in small packages (e.g., 
gum, mints) or vending machine foods that contain insignificant nutrient or caloric content (e.g., 
bottled water).  The rule provides a number of options for you to post the required calorie 
information, including the option to post such information on a sign adjacent to a vending 
machine.   
4. What Vending Machine Foods are Not Covered by the Rule?   
Articles of food sold from a vending machine that is not subject to the rule (see part 2 of this 
guide) are not covered by the rule.  In addition, articles of food sold from a vending machine that 
permits the prospective purchaser to examine the Nutrition Facts label before purchase, or 
otherwise provides visible nutrition information at the point of purchase are not covered by the 
rule.  (21 CFR 101.8(b) and (c)(1))   
You do not have to provide calorie declarations (see part 5 of this guide) for foods that are not 
covered by the rule. 
4.1.  What Permits the Prospective Purchaser to Examine the 
Nutrition Facts Label?  
The prospective purchaser must be able to view the calories, serving size, and servings per 
container listed in the Nutrition Facts label on the vending machine food without an obstruction, 
or the calories, serving size, and servings per container listed in a reproduction of an actual 
Nutrition Facts label.  The Nutrition Facts label, or reproduction of an actual Nutrition Facts 
label, must be: 
  in the format required elsewhere in our regulations, at 21 CFR 101.9(c) and (d); 
  presented in a size that permits the prospective purchaser to be able to easily read the 
nutrition information contained in the Nutrition Facts label; and  
  displayed by the vending machine before the prospective purchaser makes his or her 
purchase.   
 
You do not have to provide calorie declarations for food items whose Nutrition Facts labels can 
be examined in accordance with the above.  (21 CFR 101.8(b)(1)) 
4.2.  How Can Visible Nutrition Information Otherwise be 
Provided?  
This visible nutrition information must appear on the food label itself.  The prospective 
purchaser must be able to view the visible nutrition information, including, at a minimum, the 
total number of calories for the article of food as sold at the point of purchase.  The visible 
nutrition information must be clear and conspicuous and able to be easily read on the article of 
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food while in the vending machine, in a type size at least 50 percent of the size of the largest 
printed matter on the label, and with sufficient color and contrasting background to other print on 
the label to permit the prospective purchaser to clearly distinguish the information. (21 CFR 
101.8(b)(2)) 
 
For example:  If the word "CHOCOLATE" on the label is in a type size of 60 points and is the 
largest printed matter on the label, then the nutrition information on the label must be at least a 
type size of 30 points and must otherwise comply with  101.8(b)(2).   
Figure 4:  Example of Visible Nutrition Information on a Food Label 
 
 
Vending machine operators do not have to provide calorie declarations for food items that 
provide visible nutrition information on their labels in accordance with the above.  
4.2.1.  Can Visible Nutrition Information be Provided from a Brochure or Booklet?  
No.  In order for nutrition information to be visible at the point of purchase, the 
information must be clear and conspicuous and able to be easily read by a prospective 
purchaser.  Nutrition information in brochures or booklets would not be visible at the 
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point of purchase in the same way that such information would be visible if presented on 
the label of a vending machine food, such as through Front of Pack (FOP) labeling.  
Nutrition information in a brochure or booklet would not be clear and conspicuous such 
that a prospective purchaser would be able to easily read the information when making a 
purchase selection as it would if the nutrition information were on the label of the food.  
In addition, brochures and booklets can be easily detached, lost, or otherwise absent from 
a vending machine.   
4.2.2.  Can Visible Nutrition Information be Provided using Front of Package 
(FOP) Labeling?  
Yes.  FOP labeling can be an efficient way to provide visible nutrition information within 
the context of section 403(q)(5)(H)(viii)(I)(aa) of the FD&C Act, provided that the 
criteria for color, contrast, and type size are met ( 101.8(b)(2); (see part 4.2 of this 
guide), and the total calories contained in the article of food are included.   
The criteria in 21 CFR 101.8(b)(2) are important to ensure that prospective purchasers are 
able to read and use the nutrition information for a vending machine food before 
purchasing the food. 
5. How do I Comply with the Calorie Declaration Requirements?   
If you are a vending machine operator subject to the rule, including if you voluntarily register to 
become subject to the rule (see part 2 of this guide), you must display the number of calories 
(calorie declaration) for a covered vending machine food (see part 3 of this guide) in a clear 
and conspicuous manner and prominently as detailed in the rule.  (21 CFR 101.8(c)(2)) 
5.1.  How Must I Declare Calories?  
The calorie declaration for a covered vending machine food must be declared to the nearest 5-
calorie increment up to and including 50 calories and 10-calorie increment above 50 calories, 
except that amounts less than 5 calories may be expressed as zero.  Additionally, the term 
Calories or Cal must appear adjacent to the caloric content value for each food in the 
vending machine.  (21 CFR 101.8(c)(2)(i)(A) and (B)) 
5.1.1.  If the Label on the Food Item is Bilingual or Multilingual, am I Required to 
Display the Calorie Declarations in Multiple Languages?  
No, the rule does not require you to provide calorie declarations for covered vending 
machine food in languages other than English, even if the label on the article of food is 
bilingual. 
The calorie declarations must appear in English, unless the foods are distributed solely in 
Puerto Rico or other territories where the predominant language is not English.  (See 21 
CFR 101.15(c)(1))  For food items distributed solely in Puerto Rico or other territories 
where the predominant language is not English, the predominant language may be 
substituted for English. 
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5.1.2.  If the Food Comes with Condiments, How Must I Declare Calories?  
You must declare the total calories present in the article of food as it is vended.  (21 CFR 
101.8(c)(2)(i)(C))  For example, we consider a packaged or plastic-wrapped sandwich 
including, if sold along with the sandwich, any packet(s) of condiments to be the total 
article of food as it is vended for purposes of the rule.  As such, you must provide a 
calorie declaration for the total article of food as it is vended, which includes the total 
calorie content of each component of the article of food.  You may voluntarily declare the 
calories for each component of the article of food as it is vended (e.g., the calories for the 
condiments sold with the sandwich; the calories for the sandwich) in addition to the total 
calories for the article of food.   
In contrast, condiment packets that are not dispensed with the sandwich (e.g., those 
condiments that are stocked in a common area near a bank of vending machines) are not 
part of the article of food for purposes of the rule.  In such an instance, the vending 
machine operator should not include such condiment packets in the total calories of the 
article of food. 
5.1.3.  If the Food Comes with Multiple Servings, How Must I Declare Calories?   
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.  (21 CFR 101.8(c)(2)(i)(C)) 
5.1.4.  If the Food Comes with Various Customizations (e.g., coffee), How Must I 
Declare Calories?  
If a covered vending machine food is one where the prospective purchaser selects among 
options to produce a final vended product (e.g., vended coffee, hot chocolate or tea with 
options for added sugar, sugar substitute, milk, and cream), calories must be declared per 
option or for the final vended products.  (21 CFR 101.8(c)(2)(i)(D)) 
For example, if a vending machine dispenses coffee products with options for adding 
skim milk, whole milk, cream, sugar, or sugar substitute, the vending machine operator 
could provide calorie declarations for each of those added options individually.  If the 
vending machine operator chose to declare calories for the final vended products sold 
from the machine, the calorie declarations would be for all final vended coffee products 
sold from the machine, meaning all dispensed combinations of coffee, skim milk, whole 
milk, cream, sugar, and sugar substitute. 
5.2.  Where May I Place the Calorie Declaration?  
Calorie declarations for covered vending machine food must be clear and conspicuous and 
placed prominently.  (21 CFR 101.8(c)(2)(ii)) 
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The calorie declarations may be placed on a sign in close proximity to the article of food or 
selection button, i.e., in, on, or adjacent to the vending machine, but not necessarily attached to 
the vending machine, so long as the calorie declaration is visible at the same time as the food, its 
name, price, selection button, or selection number is visible.  The sign must give calorie 
declarations for those articles of food that are sold from that particular vending machine.  (21 
CFR 101.8(c)(2)(ii)(A)) 
5.2.1.  What if My Vending Machine Only Displays a Picture or Other 
Representation or Name of the Food Item?   
Where the vending machine only displays a picture or other representation or name of the 
food item, the calorie declaration must be in close proximity to the picture or other 
representation or name, or in close proximity to the selection button.  (21 CFR 
101.8(c)(2)(ii)(D)) 
5.2.2.  What Materials Can I Use?  Can I Use Stickers?  
You may use any material for posting calorie declarations, including stickers, as long as 
you meet the applicable calorie declaration requirements.  Regardless of the material used 
for the sign and how it is affixed, compliance with the calorie labeling requirements is 
contingent on the sign being in close proximity to each article of food or selection button 
and otherwise satisfying the requirements of sections 403(a)(1),2 403(f),3 and 
403(q)(5)(H)(viii) of the FD&C Act, and  101.8.     
5.2.3.  Must I Provide a Calorie Declaration Next to Each Item or Can I Put 
Multiple Calorie Declarations on a Sign?  
You may use one sign with calorie declarations for all of the covered vending machine 
food sold from the vending machine or a sign for each covered vending machine food 
sold from the vending machine, or a combination of the two, as long as the sign or signs 
are in close proximity to the covered vending machine food or selection button, as 
provided in  101.8(c)(2), and otherwise satisfies the requirements of sections 403(a)(1), 
403(f), and 403(q)(5)(H)(viii) of the FD&C Act and  101.8.   
5.3.  Can I Make Calorie Declarations for Foods Other than those 
Sold in a Vending Machine?  
No.  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.  (21 
CFR 101.8(c)(2)(ii)(A)) 
                                                           
2 Section 403(a)(1) of the FD&C Act requires that a foods labeling not be false or misleading in any particular. 
3 Under section 403(f) of the FD&C Act, any word, statement, or other information required by or under the FD&C 
Act to appear on the label or labeling must be placed prominently thereon with such conspicuousness (as compared 
with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read 
and understood by the ordinary individual under customary conditions of purchase and use. 
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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 food may 
have been offered for sale in the vending machine but the vending machine may have sold out of 
that item at some point in time.  As another example, a food that is typically stocked in a vending 
machine might be temporarily replaced by another item.  Nevertheless, you must continue to 
ensure that calorie declarations on such a sign are tailored to articles of food currently or 
typically sold from that particular vending machine and otherwise satisfy the requirements of 
sections 403(a)(1), 403(f), and 403(q)(5)(H)(viii) of the FD&C Act and  101.8. 
5.4.  Are there Type Size and Color Requirements for the Calorie 
Declarations?  
Yes.  When 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 on the 
packaged food), 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)) 
The following illustrations provide two examples of how to comply with the type size and color 
requirements for calorie declarations that are in or on the vending machine.  Figure 5 shows an 
example of signage (with multiple calorie declarations) placed on the vending machine.  Figure 
6 shows an example of calorie declarations made in the vending machine next to each food item.   
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Figure 5:  Example of Signage with Multiple Calorie Declarations Placed on the Vending 
Machine 
If the type size here for 
Chip Cookies  Popcorn  selection A3 is 16 points, 
  and for the price $1.50 is 
20 points,   
and if the type size 
A1 $1.50  A2 $1.50  A3 $1.50 
here for selection 
A3 is 24 points,  
Chocolate  Nougat  PretzCandy e Toffee  aramel   Nuts 
C
B1 $1.00 B2 $1.00 B3 $1.00 B4 $1.00 B5 $1.00 B6 $1.00  Then, the type size for the calorie 
declaration on the signage must be 
no smaller than the type size of the 
Puffy  Spirals  Gummies 
name of the food on the machine, 
 
selection number, or price of the 
food as displayed on the machine; 
whichever is smallest.  Here, the 
smallest relevant type size is the 
selection number below each article 
C1 $2.00  C2 $2.00  C3 $2.00  C4 $2.00  A1- Chips, 175 Cal. 
A2- Cookies, 195 Cal.  of food, at 16 points.  Therefore, 
A3- Popcorn, 160 Cal.  the type size of the calorie 
B1- Chocolate, 242  declaration must be no smaller than 
Cal.  16 points.  Also, black writing on a 
B2- Nougat, 225 Cal. 
white background would likely 
B3- Candy, 280 Cal. 
satisfy the color and contrast 
B4- Toffee, 200 Cal. 
requirements. 
B5- Caramel, 263 Cal. 
B6- Nuts, 180 Cal. 
C1- Puffy Candy, 195 
Cal. 
        
 
   
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Figure 6:  Example of Calorie Declarations Made in the Vending Machine Next to Each 
Food Item 
If the type size 
Chips  Cookies  Popcorn 
here for selection 
C4 is 24 points, 
A1 $1.50  A2 $1.50  A3 $1.50 
Cal. 175  Cal. 195  Cal. 160 
Chocolate  Nougat  Candy  Toffee  aramel   Nuts  ahnedre i ff othr es etlyepceti osinz e 
C
C4 is 16 points, and 
for the price $2.00 
B1 $1.00  B2 $1.00  B3 $1.00  B4 $1.00  B5 $1.00  B6 $1.00  is 20 points, 
Cal. 242  Cal. 225  Cal. 280  Cal. 200  Cal. 268  Cal. 180 
Puffy Candy  Spirals  Gummies  Pretzels 
Then, the type size for the 
calorie declaration Cal. 
115 must be a minimum of 
16 point font.   
C1 $2.00  C2 $2.00  C3 $2.00  C4 $2.00 
Cal. 195  Cal. 276  Cal. 157  Cal. 115  Here, the same color of 
writing and background is 
used as the existing 
selection number and price, 
and this would likely satisfy 
the color and contrast 
requirements. 
 
When the calorie declaration is on a sign adjacent to the vending machine, the calorie declaration 
must be in a type size large enough to render it likely to be read and understood by the 
prospective purchaser under customary conditions of purchase and use, and in a type that is 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)) 
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5.4.1.  What if My Vending Machine has Few Choices?  
For vending machines with few choices or only one choice, e.g., a vending machine that 
only dispenses popcorn, the calorie declaration may appear on the face of the machine so 
long as the declaration is prominent, not crowded by other labeling on the machine, and 
the type size is no smaller than the name of the food on the machine (not the label), 
selection number, or price of the food as displayed on the vending machine, whichever is 
smallest.  (21 CFR 101.8(c)(2)(ii)(F)) 
5.5.  Can I Use an Electronic Vending Machine to Satisfy the 
Calorie Declaration Requirements?  
Yes, electronic vending machines (e.g., machines with digital or electronic or liquid crystal 
display (LCD) displays) may be used to provide calorie declarations, provided that the calorie 
declaration is displayed before the prospective purchaser makes his or her purchase and the 
calorie declaration is clear and conspicuous and prominently placed.  (21 CFR 101.8(c)(2)(ii)(E)) 
Further, electronic signs otherwise placed in, on, or adjacent to the vending machine can be used 
to provide calorie declarations, provided that such signs are located in close proximity to the 
article of food or the selection button, and otherwise comply with sections 403(a)(1), 
403(q)(5)(H)(viii), and 403(f) of the FD&C Act and  101.8. 
6. What Contact Information Must I Provide and Where Must I Put 
It?  
If you are a vending machine operator subject to the rule, including if you voluntarily register to 
be subject to the rule (see part 2 of this guide), you must provide your contact information for 
vending machines that sell covered vending machine food.  The contact information must list 
your name, telephone number, and mailing address or e-mail address.  (21 CFR 101.8(e)) 
The contact information must be readable and may be placed on the face of the vending machine, 
or otherwise must be placed with the calorie declarations as described in  101.8(c)(2)(ii) (i.e., 
on the sign in, on, or adjacent to the vending machine). 
7. How Can I Determine the Calorie Content for Vending Machine 
Foods?   
You may rely on a number of means to determine the calorie content for foods sold in your 
vending machine.  You may be able to obtain the necessary calorie information from the food 
packages Nutrition Facts label, the manufacturer or supplier of the food, nutrient databases, 
cookbooks, or laboratory analyses.   
We anticipate that, for most packaged foods that comply with the nutrition labeling requirements 
of section 403(q)(1) of the FD&C Act and  101.9, the food packages Nutrition Facts label can 
provide calorie information for the food.   
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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.  
You also may be able to 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. Also, FDA provides nutrient values for raw fruits and 
vegetables in Appendix C of 21 CFR part 101.  
Compliance ultimately is based on the accuracy of the declaration rather than just the method 
used to determine the calorie information.  You must ensure that calorie declarations are truthful 
and not misleading under section 403(a)(1) of the FD&C Act, and otherwise comply with 
sections 403(q)(5)(H)(viii) and 403(f) of the FD&C Act and  101.8.   
You may be able to generate and maintain a record of the information on which you rely to 
determine the calorie declaration for the covered vending machine food.  We encourage you to 
be prepared to share the record of information with us upon our request during an inspection if 
we need to determine whether the calorie declarations are truthful and not misleading. 
8. When Must I Comply with the Rule?  
If you are a vending machine operator subject to the rule (see part 2 of this guide), you must 
come into compliance with the rule no later than December 1, 2016.  The compliance date also 
applies to those vending machine operators who voluntarily register to be subject to the rule, 
although such vending machine operators are only subject to the rule for the duration of their 
registration (see part 2.4. of this guide).  A vending machine operator that becomes subject to the 
rule after December 1, 2016 must comply when they become subject to the rule (and for the 
duration that they are subject to the rule). 
9. What Happens if I Fail to Comply with the Rule?  
Failure to comply with  101.8 will render the covered vending machine food misbranded under 
sections 403(a), 403(f), or 403(q) of the FD&C Act.   
Violations of  101.8 may result in enforcement action.  For example, introducing, delivering for 
introduction, or receiving a misbranded food in or into interstate commerce, or misbranding a 
food while it is in interstate commerce or being held for sale after shipment in interstate 
commerce, are prohibited acts under section 301 of the FD&C Act (21 U.S.C. 331), carrying 
criminal penalties under section 303 of the FD&C Act (21 U.S.C. 333).   
In addition, under section 302 of the FD&C Act (21 U.S.C. 332), the United States can bring a 
civil action in Federal court to enjoin a person who commits a prohibited act.  Under section 
304(a)(1) of the FD&C Act (21 U.S.C. 334(a)(1)), food that is misbranded when introduced into 
or while in interstate commerce or while held for sale after shipment in interstate commerce may 
be seized by order of a Federal court. 
  
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