FDA Issues Nutrition Labeling Draft Guidance For Restaurants

Written By Katharine Richter

On September 11, 2015, the Food and Drug Administration (FDA) released a draft guidance titled “A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods – Part II (Menu Labeling Requirements in Accordance with 21 CFR 101.11).”

According to the draft guidance document, “section 4205 of the Patient Protection and Affordable Care Act amended 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 343 (q)(5)(H)) to require that restaurants and similar retail food establishments . . . provide calorie information for standard menu items.”

The guide was issued to assist restaurants in complying with the final rule published by the FDA December 1, 2014, which requires standard menu items to have the nutrition content labeled.  According to the guidance document, “the rule is codified at Title 21 of the Code of Federal Regulations at § 101.11 (21 CFR § 101.11).”  The rule applies to restaurants and similar retail establishments that have 20 or more locations operating under the same name with similar menu items.  This includes bakeries but will not include food trucks, schools, prisons, trains, and a few other exceptions mentioned in the draft guidance.

The guidance document describes what is defined as a ‘covered establishment’ under the act and the expected nutritional labeling requirements and how to implement the changes.  The draft offers nonbinding recommendations and the FDA is accepting comments to better clarify sections that may still contain ambiguities and questions.

Warning! High Salt Content

Written by Stephen Kenney

On Wednesday, September 9, 2015, the New York City Board of Health voted unanimously to require that chain eateries put a warning label on menu items that have more than the recommended daily limit of 2,300 milligrams of sodium.  That is the equivalent of about a teaspoon.   The high salt content items will have to be marked with a saltshaker encased in a black triangle.  

The regulation was published in the City Record on June 23, 2015.  The vendor is also required to post a warning that says: “Warning (picture of salt symbol) indicates that the sodium (salt) content of this item is higher than the total daily recommended limit (2300 mg).  High sodium intake can increase blood pressure and risk of heart disease and stroke.”   The warning must be posted at a point of purchase in the restaurant or in other words “any place where a customer may order food within an establishment.

The requirement is set to take effect on December 1.  Violators would be punished by a $200 fine which would be enforced by city health inspectors.  Restaurants along with some movie theaters and ballparks would be required to comply with the warning if the establishment is “part of a chain with 15 or more locations doing business under the same name and offering for sale substantially the same menu items.”

The Board of Health reasoned that this label was necessary because it believes that sodium is a major contributor to cardiovascular disease.  The notice of adoption of the regulations also cites studies that purport that 95% of Americans consume more than the recommended daily limit of sodium and that restaurant food is a primary source of sodium.  The New York Board of Health also referenced studies that argued that consumers typically underestimate the sodium content of restaurant food and foods that are often considered healthy, such as salads, often have high salt content. 

City of Davis California Proposed Ordinance Would Make Milk or Water Default Option in Children's Meals

  On May 26^th, 2015, a proposed city ordinance, Article 17.02 Children’s Meals, was unanimously approved by the Davis City Council in Davis, California.  The ordinance would require restaurants and fast food chains to make the default beverage option for a children’s meal either milk or water.  In an effort to curb the growing epidemic of childhood obesity and related health problems, the proposed ordinance would impose legal sanctions on fast food chains and other restaurants that have their cashiers and waiters market soda with children’s meals.  If the purchaser opts for soda, there will be no extra cost.  The ordinance requires consumers to request the option to have soda with the kid’s meal, as the default will be milk or water.  If a restaurant or fast food chain is discovered to be offering soda as the default, the city will first contact the restaurant but if the behavior continues, the city will issue fines beginning at $100.    

  Restaurants and fast-food chains were informed of the proposed ordinance through mail and invited to the upcoming public meeting.  No restaurant or food chain responded by e-mail or phone to the letter nor attended the meeting.  Opponents to the legislation who did attend the public meeting argued the legislation was intrusive and unnecessary. 

  This novel city ordinance proposal is in alignment with a general trend towards increasing legislation aimed at restaurants and fast food chains to provide customers with information to make health conscious choices.  Recent changes to legislation include requiring chain restaurants and similar establishments with at least 20 locations operating under the same name to list the calories for every item on their menu and make available additional serving size suggestions. 

  The proposed legislation still requires a second council vote and if the ordinance is passed, it will become effective on September 1^st, 2015.  

Written by Katharine Richter- Research Assistant

June 2nd, 2015