This bulletin is provided relative to the US Food and Drug Administration’s menu labeling “draft guidance document” released April 1, 2011, which proposes details for implementing and enforcing new menu labeling requirements.
Refer to the actual FDA draft guidance document for a complete understanding of the specific proposed requirements and before making operational changes intended to comply with the new menu labeling law. The industry and general public have 60 days to provide input and comments to the FDA regarding the proposed requirements. FDA has acknowledged that industry may need additional guidance and time to comply with the menu labeling provisions, and expects to defer enforcement activity until after a time designated in the final guidance. FDA expects to publish final regulations by the end of 2011 and begin enforcement as early as mid-2012.
Businesses whose main purpose is not to sell food — such as movie theaters, airplanes and bowling alleys — would not be subject to the new rules according to the FDA said.
A “restaurant or similar food establishment” is defined as an operation whose main business is selling restaurant food or restaurant-type food to consumers. An establishment's primary business activity would be the sale of food to consumers if it presents itself as a restaurant, or if more than 50 percent of its total floor space is used for the sale of food, according to the FDA.
Calorie Displays: Calorie posting would be required on all menus and menu boards, including those at drive-thru locations. The term “Calories” or “Cal” must appear clearly and prominently on menus and menu boards adjacent to the number of calories. Calories for variable menu items, such as combo meals comprised of several options, would be displayed in ranges.
For displayed foods, such as “grab-n-go” cases, calories would be listed per item or per serving on a sign adjacent to the food. For self-service foods, such as a salad bar, calories also would be listed per serving or per item on a sign next to the food.
Plan. Establish systems and procedures to update and maintain required information that ensures accuracy and compliance as your menu evolves.
Comment. Visit www.regulations.gov to submit electronic comments, or mail written comments to: Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. Mark your comments with “Docket Number FDA-2010-D-0370” to ensure they are properly filed.
For FRLA/NRA members, direct comments to Dan Roehl at DRoehl@Restaurant.org. NRA is collecting comments and will aggregate and submit them on behalf of members.
Original Bulletin Details:
Subject: Menu Labeling Update
Date: 04-04-2011
Contact: Geoff Luebkemann 850-224-2250 / gluebkemann@frla.org
Key Components Of The Proposed FDA Requirements
Businesses covered: Restaurants or similar retail food establishments with 20 or more locations, conducting business under the same name, and offering generally the same menu selections are covered under the rules.Businesses whose main purpose is not to sell food — such as movie theaters, airplanes and bowling alleys — would not be subject to the new rules according to the FDA said.
A “restaurant or similar food establishment” is defined as an operation whose main business is selling restaurant food or restaurant-type food to consumers. An establishment's primary business activity would be the sale of food to consumers if it presents itself as a restaurant, or if more than 50 percent of its total floor space is used for the sale of food, according to the FDA.
Calorie Displays: Calorie posting would be required on all menus and menu boards, including those at drive-thru locations. The term “Calories” or “Cal” must appear clearly and prominently on menus and menu boards adjacent to the number of calories. Calories for variable menu items, such as combo meals comprised of several options, would be displayed in ranges.
For displayed foods, such as “grab-n-go” cases, calories would be listed per item or per serving on a sign adjacent to the food. For self-service foods, such as a salad bar, calories also would be listed per serving or per item on a sign next to the food.
What To Do Now
Prepare. FDA expects to issue final rules for menu labeling by the end of 2011. If you will be subject to the new menu labeling requirements, be sure your nutrition information analysis is completed timely, and if already done be sure it’s accurate. Expect a high level of media interest regarding accuracy, availability, and overall compliance with nutrition information and menu labeling requirements.Plan. Establish systems and procedures to update and maintain required information that ensures accuracy and compliance as your menu evolves.
Comment. Visit www.regulations.gov to submit electronic comments, or mail written comments to: Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. Mark your comments with “Docket Number FDA-2010-D-0370” to ensure they are properly filed.
For FRLA/NRA members, direct comments to Dan Roehl at DRoehl@Restaurant.org. NRA is collecting comments and will aggregate and submit them on behalf of members.
Original Bulletin Details:
Subject: Menu Labeling Update
Date: 04-04-2011
Contact: Geoff Luebkemann 850-224-2250 / gluebkemann@frla.org
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