With the nearly five-year wait for menu labeling regulations finally behind us, we have now entered into a key time for foodservice establishments to work at becoming compliant before the December 1, 2015 deadline. With so many pieces and parts to the law, it can be easy to get swallowed up in the legal jargon and miss some of the finer aspects of what’s required. We have been keeping track of the different questions that have been flooding our office and found the most commonly asked about sections of the law to dive into.
Is my establishment covered by these regulations?
Menu labeling will be mandated from restaurants or similar retail food establishments that have more than 20 physical locations, and served substantially the same menu items. A “similar retail food establishment” is one that serves restaurant-type food, which would be consumed either on the premises or very soon after purchase at a different location. This would mean that grocery stores and convenience stores that offer sandwiches, hotdogs or salad bars would be covered under this new law, as well as movie theatres or concession stands at amusement parks and sports stadiums that serve full meals, snacks or treats.
Do my numbers need to be rounded?
Calories that are posted on menus and menu boards must be rounded as directed by the FDA. Items that have up to 50 Calories must be listed in the closest 5-Calorie increment, and items that contain 50 Calories and above must be rounded to the nearest 10-Calorie amount. Items that have less than 5 Calories can be listed as zero. In regards to the additional nutritional information upon request, if a covered establishment chooses to round those numbers, they must match the FDA’s rounding rules packaged goods for retail (those rules can be found here).
Do serving sizes or weights of each menu item need to be listed anywhere?
The FDA is not requiring a serving size or weight of each menu item to be listed on the menus and menu boards, or on the additional nutrition information. However, it must be clear to the guest what they are getting for the listed Caloric amounts. For example, salads that come with dressing must be listed as such, and all condiments that are regularly included on sandwiches must also be accounted for. Multi-serving dishes like appetizers and desserts that may be intended to feed multiple people must be listed as their full amounts unless they have a clear “discernible serving unit” like an order of breadsticks, a large pizza that comes sliced, or a basket of cookies. In that case and that case only, the nutrition information may be listed for “one each” instead of for the full batch. The FDA also does not object to listing both values to further inform the diner.
Do Calories need to be printed on our menus, or can we use an electronic device to that we hand to our diners?
Calories for all standard menu items must be posted on any and all menus or menu boards that a diner would use to make his or her selection. That means that if a printed menu is handed to the diner at a sit-down restaurant, that would be their main method of placing their order and the Calories must appear on that document. Calories can be included on electronic menu boards, but will need to be printed if there are paper copies of menus supplied to diners.
How will the FDA monitor these guidelines?
While we expect more details to emerge in the New Year in regards to how the FDA will police these guidelines, it’s believed that they will be using local health departments to patrol covered establishments. In the retail food industry, any items that are deemed misbranded cannot be sold and legal action will be taken if this is law is broken. Restaurant-type food will be held to this same principle, though the exact course of action that would be taken by the FDA if violations are found has not yet been clearly spelled out.
Menu labeling marks a new and exciting time for the foodservice industry. It can be a great tool for diners to make selections that support their overall health goals, and can be an opportunity for restaurants to add some new selections to appeal to this health-conscious crowd. While intimidating at first glance, the new regulations keep the best interests of both restaurants and diners in mind and can be easily followed with a little guidance. You don’t have to take on menu labeling alone, give MenuTrinfo a call or send an email for a quote 888-767-6368 or info@MenuTrinfo.com.
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