On November 25, 2014, the U.S. Food and Drug Administration (FDA) finalized two rules requiring calorie information be listed on menus and menu boards in chain restaurants, similar retail food establishments – including supermarkets and convenience stores – and vending machines with 20 or more locations to provide consumers with more nutritional information about the foods they eat outside of the home. The rules are required by the 2010 Patient Protection and Affordable Care Act.
The menu labeling final rule applies to restaurants and retail food establishments if they are part of a chain of 20 or more locations, doing business under the same name and offering for sale substantially the same menu items. Covered food establishments will be required to clearly and conspicuously display calorie information for standard items on menus and menu boards, next to the name or price of the item. Seasonal menu items offered for sale as temporary menu items, daily specials and condiments for general use typically available on a counter or table are exempt from the labeling requirements.
The menu labeling final rule applies to restaurants and retail food establishments if they are part of a chain of 20 or more locations, doing business under the same name and offering for sale substantially the same menu items. Covered food establishments will be required to clearly and conspicuously display calorie information for standard items on menus and menu boards, next to the name or price of the item. Seasonal menu items offered for sale as temporary menu items, daily specials and condiments for general use typically available on a counter or table are exempt from the labeling requirements.
Some states, localities and various large restaurant chains are already doing their own forms of menu labeling. The 1990 Nutrition Labeling and Education Act, the law establishing nutrition labeling on most foods, did not cover nutrition labeling for restaurants and other ready-to-eat foods. In the years that followed, states and cities created their own labeling requirements for such foods. These federal standards will help avoid situations in which a chain restaurant subject to the federal requirements has to meet different requirements in different states.
The FDA considered more than 1,100 comments from stakeholders and consumers in developing these rules. In response to comments, the FDA narrowed the scope of foods covered by the rule to more clearly focus on restaurant-type food, made other adjustments such as ensuring the flexibility for multi-serving dishes like pizza to be labeled by the slice rather than as a whole pie, and provided establishments additional time to comply with the rule.
In addition, the menu labeling final rule now includes certain alcoholic beverages served in covered food establishments and listed on the menu, but still provides flexibility in how establishments meet this provision. The majority of comments supported including alcohol because of the impact on public health. The menu labeling rule also includes food facilities in entertainment venue chains such as movie theaters and amusement parks.
Restaurants and similar retail food establishments will have one year to comply with the menu labeling requirements.
To help consumers understand the significance of the calorie information in the context of a total daily diet, menus and menu boards must include the statement: “2,000 calories a day is used for general nutrition advice, but calorie needs vary.”
The menu labeling final rule also requires covered establishments to provide, upon consumer request and as noted on menus and menu boards, written nutrition information about total calories, total fat, calories from fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, fiber, sugars and protein.
The vending machine final rule requires operators who own or operate 20 or more vending machines to disclose calorie information for food sold from vending machines. Machine operators will have two years to comply with the requirements.
Locate the Final Rule for Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments at www.federalregister.gov/articles/2014/12/01/2014-27833/food-labeling-nutrition-labeling-of-standard-menu-items-in-restaurants-and-similar-retail-food.
Locate the Final Rule for Calorie Labeling of Articles of Food in Vending Machines at www.federalregister.gov/articles/2014/12/01/2014-27834/food-labeling-calorie-labeling-of-articles-of-food-in-vending-machines.
Access an FDA frequently asked questions (FAQ) document on menu labeling at http://www.fda.gov/Food/IngredientsPackagingLabeling/LabelingNutrition/ucm248731.htm. If you would like to submit a question for clarification by FDA, please email Annette Knapp at aknapp@pfma.net.
PFMA is opposed to the final rule regarding similar retail food establishments and has contacted members of Congress in support of both H.R. 1249 and S. 1756 (The Common Sense Nutrition Disclosure Act). This would help address many of the issues contained in the FDA rule. We are asking that our members do the same.
Source: U.S. Food & Drug Administration (FDA)
The FDA considered more than 1,100 comments from stakeholders and consumers in developing these rules. In response to comments, the FDA narrowed the scope of foods covered by the rule to more clearly focus on restaurant-type food, made other adjustments such as ensuring the flexibility for multi-serving dishes like pizza to be labeled by the slice rather than as a whole pie, and provided establishments additional time to comply with the rule.
In addition, the menu labeling final rule now includes certain alcoholic beverages served in covered food establishments and listed on the menu, but still provides flexibility in how establishments meet this provision. The majority of comments supported including alcohol because of the impact on public health. The menu labeling rule also includes food facilities in entertainment venue chains such as movie theaters and amusement parks.
Restaurants and similar retail food establishments will have one year to comply with the menu labeling requirements.
To help consumers understand the significance of the calorie information in the context of a total daily diet, menus and menu boards must include the statement: “2,000 calories a day is used for general nutrition advice, but calorie needs vary.”
The menu labeling final rule also requires covered establishments to provide, upon consumer request and as noted on menus and menu boards, written nutrition information about total calories, total fat, calories from fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, fiber, sugars and protein.
The vending machine final rule requires operators who own or operate 20 or more vending machines to disclose calorie information for food sold from vending machines. Machine operators will have two years to comply with the requirements.
Locate the Final Rule for Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments at www.federalregister.gov/articles/2014/12/01/2014-27833/food-labeling-nutrition-labeling-of-standard-menu-items-in-restaurants-and-similar-retail-food.
Locate the Final Rule for Calorie Labeling of Articles of Food in Vending Machines at www.federalregister.gov/articles/2014/12/01/2014-27834/food-labeling-calorie-labeling-of-articles-of-food-in-vending-machines.
Access an FDA frequently asked questions (FAQ) document on menu labeling at http://www.fda.gov/Food/IngredientsPackagingLabeling/LabelingNutrition/ucm248731.htm. If you would like to submit a question for clarification by FDA, please email Annette Knapp at aknapp@pfma.net.
PFMA is opposed to the final rule regarding similar retail food establishments and has contacted members of Congress in support of both H.R. 1249 and S. 1756 (The Common Sense Nutrition Disclosure Act). This would help address many of the issues contained in the FDA rule. We are asking that our members do the same.
Source: U.S. Food & Drug Administration (FDA)
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