Public Policy Issue Briefs

---

The federal Patient Protection and Affordable Care Act, signed into law March 23, 2010, includes a provision that creates a national, uniform nutrition-disclosure standard for restaurants.

Get an overview of the law's provisions (PDF)

Watch/listen to our member webinar on nutrition disclosure, April 8, 2010

The nutrition-disclosure provision, found in Section 4205 of the act, amends the federal Food, Drug and Cosmetic Act by requiring chain restaurants, similar retail food establishments and vending machines with 20 or more locations to provide specific nutrition labeling information. Those restaurants must post calories on menus, menu boards and drive-thru boards. Buffets, salad bars and other self-service items are also included and will be required to provide caloric information adjacent to the item.

Establishments must also provide additional nutrition information in writing (e.g., a brochure) upon request. This additional written information includes: calories from fat, total fat, saturated fat, cholesterol, sodium, carbohydrates, sugars, dietary fiber and protein. Furthermore, establishments are also required to include a succinct statement concerning the suggested daily caloric intake.

Federal rule to replace state/local patchwork

The federal nutrition-disclosure standard was supported by the National Restaurant Association and more than 77 health and consumer groups, including the American Heart Association and the American Dietetic Association. The Association believes the provision is a win for both consumers and restaurateurs.

The federal standard will replace the differing regulations and laws that a growing number of cities, counties and states have passed to mandate that chain restaurants put calories and other nutrition information on menus. This patchwork of regulation is confusing to the consumer. Also, restaurant chains with locations throughout the nation must keep up with hundreds of different rules and regulations -- a process that's both difficult and expensive for operators.

• U.S. MAP: State and local menu-labeling laws and proposals (PDF)

• CHART: Comparison of state and local menu-labeling laws and proposals (PDF)

Federal preemption and liability protection

The new federal law contains two important provisions critical to restaurant operators. As soon as the bill was enacted, the federal law preempted state or local menu-labeling requirements that are not identical to the federal menu-labeling requirement.

The new law also includes a "reasonable basis" standard for operators to use in developing nutrient-content data for standard menu items. The standard helps protect restaurants from unreasonable litigation because it recognizes the variability that occurs in the preparation and service of food in restaurants. Through the reasonable-basis standard, the law gives restaurant operators flexibility by allowing them to base their calculations of nutrition data on any reasonable basis, including through nutrient databases, cookbooks and laboratory analyses.

Voluntary compliance

While restaurants and food establishments that are not part of a chain of 20 more locations may not be required to provide nutrition information, they can voluntarily elect to comply. Those that do so will be shielded from other state or local requirements that are not identical to the federal legislation.

Timeline

Compliance with the new law will not be required until the Food and Drug Administration completes the implementing regulations. Under the terms of the new law, the FDA is required to publish proposed regulations within one year of the measure's March 23, 2010, enactment date.

Questions?

Contact Dan Roehl at (202) 331-5900 or droehl@restaurant.org.

For state legislative issue inquiries, contact Amanda Rieter at (202) 331-5900 or arieter@restaurant.org.

Related Content

Calendar