Decoding the New Menu-Labeling Regulations (Restaurants USA, October 1996)

October 1996 issue

Decoding the New Menu-Labeling Regulations

Restaurants USA magazine's final issue was published in September 2002 but these archived articles remain available for our readers' convenience.

Restaurants USA, October 1996

Learn the new nutrition-labeling laws so you can bring your menu claims into compliance by the May 1997 deadline.
By Catherine Broihier

You had to know it was too good to last. Restaurateurs may have thought they had been conveniently overlooked when the Nutrition Labeling and Education Act (NLEA) including new menu-labeling regulation was finalized in 1990. But now the Food and Drug Administration (FDA) is leveling the playing field — and the reprieve for restaurant menus is over.

On July 30, in response to a decision by the U.S. District Court in Washington DC, the FDA amended its food-labeling regulations to remove the provisions that exempted restaurant menus from conforming to the standards for nutrient and health claims which appear on menus.

The new menu rules may look familiar to some — they are identical to the standards that have been in effect since May 1994 for claims on signs and placards in large and medium-size restaurants, and since May 1995 for smaller restaurants. Now, the FDA has decided that all restaurant menus are subject to the same rules regarding claims, and if asked, by May 1997 restaurateurs must provide customers with backup nutritional information for claims made on menus. According to the government publication Federal Register, the FDA hopes that the extension of the regulations to include menus will help to "increase the awareness of the American consumer to the relationships between diet and health."

Who must comply with the regulations?

Any restaurant (defined by the government as a place that serves food ready for consumption, including typical sit-down and carryout venues, as well as institutional foodservice, delicatessens and catering operations) that uses nutrient-content claims or health claims on its menu must comply with the regulations. Establishments that do not make those types of claims about their menu items do not have to follow the regulations.

Menus that utilize symbols — such as a heart or an apple — to signify healthful menu items are also covered by the regulations. So whether you use a symbol or words, if your menu has health or nutrient claims on it, you must follow the regulation.

What are nutrient-and-health claims? Basically, nutrient claims make a statement about a specific nutrient or food component of a menu item or meal. A nutrient claim typically includes such words as "reduced," "free" or "low." Claims such as "low in fat" or "cholesterol-free" are common nutrient claims. In addition, using the word "fresh" is considered a nutrient claim, because there is a strict definition of what constitutes a "fresh" food item.

A health claim links the food or meal with health status or disease prevention and usually mentions a specific disease. The government strictly regulates health claims and has approved only seven of them, for which it has determined that there is enough scientific evidence to support the relationship. Those are the same claims that food manufacturers use, so your diners should be fairly familiar with them.

Restaurateurs are not permitted to make up their own health claims or alter the approved health-claim statements in any way. For example, an operator could not claim that her carrot-raisin salad is high in antioxidants so it may help prevent cancer, because that is not an approved health claim.

What's expected of restaurateurs?

If your menu does not have any nutrient or health claims on it, and you do not use symbols to denote healthful items on your menu, then these regulations do not apply to your establishment. If you do use either type of claim, then the regulations require you to be able to demonstrate that there is a "reasonable basis" for believing that the food is qualified to make the claim.

Luckily, the regulations do allow restaurants some flexibility in establishing that reasonable basis. Nevertheless, restaurateurs must be prepared to show officials and customers — on demand — that their menu claims are consistent with the claim definitions established under the NLEA.

The National Restaurant Association's new publication A Practical Guide to the Nutrition Labeling Laws for the Restaurant Industry gives specific information about all aspects of complying with the regulations. Donna Shields, author of the guide, characterizes it as a "working manual for restaurateurs and chefs." She adds that "providing lots of examples, as the book does, makes it easier for restaurateurs to understand how the regulations' technical jargon relates to their menu and business."

Before you decide to make a claim on your menu, you should consult reliable references, such as the Association's guide, or discuss the regulations with a knowledgeable professional. According to Nancy Chapman, a registered dietitian and consultant to the Association, "Restaurateurs who don't want to do the work themselves, or who are unsure about the regulation, should probably seek assistance from a dietitian who is familiar with the rules."

Backing up menu claims

When the FDA published the final rules for health-and-nutrient-content claims in January 1993, the agency concluded that if claims on restaurant foods are to be useful, they must be valid — as they must be for processed foods. And although restaurant foods must comply with the same standards as processed foods in order to bear a claim, the way in which a restaurant determines the nutrient content of a food item or meal may be different — yet still be considered valid.

FDA spokesman Arthur Whitmore says, "Because there are no exemptions from the regulation — no matter how small the restaurant is — we've made the rules fairly easy to comply with." For example, although processed-food manufacturers must have their foods analyzed by a lab and use computer-generated labels that contain information produced in a strictly enforced format, restaurants may determine nutrient levels using computer databases, cookbooks or some other reasonable source that can provide assurance that the food or meal meets the requirements for the claim.

Whitmore says operators may use a wide variety of reference information when documenting claims. "One need not have a computer analysis performed. In fact, calculations by hand using a reliable source such as the USDA Handbooks; government Home & Garden Bulletins; or analyzed, published cookbook recipes are perfectly acceptable," he says.

Showing that your menu item was prepared using a recipe from a recognized health-professional association or dietary group is also permitted.

Communicating nutrition information

Once you've got the nutrition information you need to back up your menu claims, you need to decide how best to communicate that information to customers. Again, the FDA offers operators a number of ways to present this information to diners — the most important part is making sure the information is correct and reliable.

Restaurants are encouraged — but not required — to provide complete nutritional information whenever possible. Operators only need to provide information about the specific nutrient for which a claim is made. For example, if your menu makes a claim about the sodium content of an item, you do not need to provide information about the item's calorie, fat or vitamin content — only the amount of sodium the dish contains.

Operators do not have to worry about the format used to convey the information. It doesn't have to be set up like the "Nutrition Facts" labels seen on packaged foods. Nor does it have to be printed on the menu — it just needs to be readily available. You may decide, for example, to compile the information for your menu claims in a notebook or folder, print it in a brochure (if your menu doesn't change frequently), write it on a poster or display it on a bulletin board.

When a customer asks for the information, you can present him or her with the notebook or handout, or deliver the information orally. You are covered as long as you have printed backup material that your staff can refer to quickly.

Follow through

Having all of your nutrient-claim information on paper doesn't do customers any good if the food served doesn't consistently conform to the recipes analyzed. To make the process of strictly adhering to recipes easier to control, Shields has the following recommendations for restaurateurs: "Start out with just one or two items for which you're going to make menu claims until you've established a workable protocol within your kitchen."

Operators must also realize that adjusting to the new regulations will take time and practice. "Reviewing ingredients, cooking methods and perhaps most importantly, portion size, will be an ongoing effort until kitchen staff is well-trained," says Shields.

The good news is that there are resources to help operators come into compliance with the FDA regulations. Find a professional, either a dietitian or another expert with restaurant- consulting experience, to assist you. The Association can also provide guidance. "There are many people available around the country who can take a look at your menu, your recipes and your claims and make suggestions to help you comply," says Chapman. "You don't have to go it alone."

Guidance for complying with menu guidelines

Here are some sources to help you comply with the Food and Drug Administration's (FDA) food-labeling regulations.

A Practical Guide to the Nutrition Labeling Laws for the Restaurant Industry. This 60-page guide, authored by registered dietitian Donna Shields and published by the National Restaurant Association, provides detailed coverage and examples of the types of claims allowed and how to comply with the regulation. Call (800) 424-5156, ext. 5375.

Food Labeling Questions and Answers, Volume II: A Guide for Restaurants and Other Retail Establishments. This FDA publication on food labeling provides information from the government's August 1995 regulations dealing with claims on restaurant signs and placards. Copies of the document can be obtained by calling the office of the Superintendent of Documents, U.S. Government Printing Office, in Washington DC at (202) 512-1800.

American Dietetic Association (ADA). The ADA will provide you with referrals to professional registered dietitians with experience in menu planning, recipe development and restaurant consultation in your area. It is the restaurateur's responsibility to determine whether the dietitian is familiar with the menu-labeling regulations, because the ADA will not have information of that specific nature. To request a professional referral, call the ADA at (800) 877-1600.

Symbolic or not, have documentation on hand
You need to have documentation if your menu uses any of the following words or symbols representing these words:

Free

Low

Reduced

Light/Lite

Provides/Contains/ Good Source of

High/Excellent Source of/ Rich in

Lean/Extra-Lean

Fresh

Natural

Healthy

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Catherine Broihier, M.S., R.D., writes for Restaurants USA from Bloomfield, New Jersey.