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To
whom does the new federal requirement apply?
The law applies to restaurants with 20+ locations
with the same name (regardless of ownership) that
offer "substantially the same" menu items. It also
applies to vending machine operators and "retail
food establishments" which may include food service
facilities in hospitals and schools, convenience
stores and mobile carts.
When is the
deadline for compliance?
FDA issued proposed rules on April 6, 2011. Comments
for the proposed rule affecting restaurants were due
by June 6, 2011. Comments for the proposed rule
affecting vending machines were due by July 5, 2011.
After review of all comments, FDA will finalize
rulemaking and provide a timeline for required
industry compliance. Compliance is likely to be
within six months after final rules are published.
What do I have to do to comply?
Compliance for restaurants will require that your
printed menu or menu board include:
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Calorie disclosure next to "standard menu items"
in the same size and prominence as the price of
the menu item
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A statement
about suggested daily caloric intake (i.e.,
2000 calories per day)
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Notification
that other nutrition information is available on request
Compliance for vending machines will require that
calorie information is posted in close proximity to
the selection button for each food item.
Does the same requirement apply to menu boards
(whether inside the restaurant or at the
drive-thru)?
Yes. Calories must also be disclosed on menu boards
for "standard menu items," along with the statement
about suggested daily caloric intake and
availability of additional nutrition information on
request.
How does the law define "standard menu items"?
Standard menu items are
offered for sale at least 60 days per calendar
year. Daily specials, custom orders and test market
items are exempt.
What other information will I have to make available
on request?
The additional nutrients included in the proposed
rule for restaurants are: calories, calories from
fat, total fat, saturated fat, trans fat,
cholesterol, sodium, carbohydrates, dietary fiber,
sugars and protein.
Does the
requirement also include food allergens?
No, not at this time. Many restaurants choose
to provide information on the "Big 8" allergens
(milk, eggs, wheat, soybeans, peanuts, tree
nuts, fish, shellfish) next to the nutrition
information in brochures and on websites for
consumer use.
How do I get the calorie counts and other nutrition
information for my menu items?
Based on our database nutrition analysis of your
recipe formulation or your 100-gram lab data, Food
Consulting Company prepares a ready-to-publish
Nutrition Guide for your menu with rounded values
for use on restaurant menus, vending machine
selection buttons, brochures, and on the web.
How much will it cost?
Project fees vary depending on the number
and complexity of menu items. Contact Us
for more information.
Where can I access
the law that requires labeling for restaurants and
vending machines?
This provision is
included in the Patient Protection and Affordable
Health Care Act ("healthcare reform"), Section 4205,
Page 455. You can access it
here.
Where can I access the proposed rules?
For the proposed rule
affecting restaurants click
here.
For the proposed rule affecting vending machines
click
here.
How can I stay
informed on the specifics of the FDA regulations and
compliance requirements of the new law?
Subscribe to Food Label News, a free
monthly email publication by Food Consulting Company
on what matters in food labeling.
Can I get started right away?
Yes, please
Contact Us to get started now and you’ll be
ahead of the curve! |
