Federal Calorie Labeling Regulations
Federal CalorieLabeling Regulationsfor restaurants and vending machines in KansasAll too often people underestimate or have no way to know how many calories or how much sugarand salt is in the food and drinks at restaurants or in vending machines. While consumers can findand see nutritional information on the package for most food in grocery stores, this informationis typically not easy to find for restaurant food, nor easy to see when buying food from a vendingmachine. Restaurant type foods and vending machine snacks make up a significant part of people’sdiets and can have a substantial impact on our health. In the U.S., we spend about half of our fooddollars eating away from home; adults buy an average of 5.8 meals or snacks from restaurants eachweek, while on any given day, over 30% of children consume fast food.1Increasingly, consumers are looking for more nutritiousoptions. In a 2015 food industry survey, over 90%of people reported that they thought about thehealthfulness of the foods and beverages they consumed,with 48% reporting that they had thought about it “alot.”2 Additionally, healthfulness is consistently oneThis resource provides anoverview of the final federalcalorie and nutritional labelingrequirements for restaurants,similar retail food establishments,and vending machines.Public Health Law Center875 Summit Avenueof the top three drivers of food selection.3 Calorielabeling laws can help consumers make the informedand healthy choices they desire, while also providingincentives for vending machine operators and otherprepared food retailers to offer healthier options.What is the federal menu andvending machine labeling law?In March 2010, the federal government adopted amenu and vending machine labeling law as part of theSt. Paul, MinnesotaThis fact sheet is funded by the KansasHealth Foundation to increase access toand consumption of healthy food in 506
Federal Calorie Labeling Regulations 2There are five criteria used to determine whether anestablishment is covered by this rule.Patient Protection and Affordable Care Act.4 Thislaw requires that large chain restaurants and similarretail food establishments, and certain ownersand operators of vending machines, post calorieinformation on their menus or machines, and makeother nutrition information available to customersprior to purchase. The law also sets limits on whatother nutritional labeling requirements state andlocal governments may impose. In December 2014,the Food and Drug Administration (FDA) issuedfinal regulations, which have the force of law, to helpinterpret and implement these labeling requirements.What types of food retailers must complywith the federal menu labeling law?Chain restaurants and similar retail foodestablishments with 20 or more locations, operatingunder the same name, and serving “substantially”the same restaurant-type food items, are required tocomply with the rule.5Public Health Law Center875 Summit Avenue1It must be a retail food establishment that sellsrestaurant-type food.2It must be part of a chain of 20 or more locationsnationwide.3Those locations must be fixed sites6 —establishments like food trucks and train diningcars are exempt.4The locations must be operating under the samename. “Name” refers to the name that the locationspresent to the public, regardless of ownership, like afranchise restaurant.7 (A slight variation in a namewithin a chain will not exempt the establishmentfrom compliance).8 For generic establishments,like concession stands, “name” means the name ofthe entity that owns the establishment.95A significant proportion of the standard menuitems offered must be substantially the same acrossthe different locations’ menus. This means thesame general recipes, ingredients, and preparationmethods are used across all locations.10What are “restaurant-type foods?”Restaurant-type foods are prepared items that areready to be eaten within the establishment, or soonafter leaving the establishment, without furtherpreparation.11 Examples include food from sitdown restaurants and drive-through establishments,delivery pizza, hot food at buffets, and ready-to-eatfood at grocery store deli counters.12What is a “similar retail foodestablishment?”The term “similar retail food establishment” overlapswith the definition of a restaurant and is definedSt. Paul, .7506
Federal Calorie Labeling RegulationsWhat is a covered restaurant or similarretail food establishment required to do?There are four main things that a coveredestablishment must do to comply with the federalcalorie labeling law.1Calorie information must be clearly provided forall standard food and beverage menu items onmenu boards and menus.15 For self-serve items,such as food on a buffet or soda from a fountain,the information must be provided on signsadjacent to or above the food.162All menus and menu boards must include asuccinct statement concerning suggested dailycaloric intake, such as “2,000 calories a day is usedfor general nutrition advice, but calorie needsvary.”17 For children’s menus, a few options areacceptable, including: “1,200 to 1,400 calories aday is used for general nutrition advice for childrenages 4 to 8 years, and 1,400 to 2,000 calories aday for children ages 9 to 13 years, but calorieneeds vary.”18 If the available food is self-serve oron display without a menu or menu board, suchas at a buffet, the statement must be placed on asign near the food. This information is meant toPublic Health Law Center875 Summit Avenue3help consumers understand the significance of theposted calories.as “a retail food establishment that offers for salerestaurant-type food.”13The final rule guidance issued by the FDA providesadditional context, explaining that the term includes:“bakeries, cafeterias, coffee shops, conveniencestores, delicatessens, food service facilities locatedwithin entertainment venues (such as amusementparks, bowling alleys, and movie theatres), foodservice vendors (e.g., ice cream shops and mallcookie counters), food take-out and/or deliveryestablishments (such as pizza take-out and deliveryestablishments), grocery stores, retail confectionarystores, superstores, quick service restaurants, and tableservice restaurants.”14 3All menus and menu boards must include astatement that notifies consumers that “additionalnutrition information [is] available uponrequest.”19 If the available food is self-serve oron display without a menu or menu board, thestatement must be placed on a sign near the food.4Complete nutrition information for standard menuitems must be available to consumers who requestit.20 The written information must include: totalcalories; dietary fiber; calories from fat; total fat;cholesterol; saturated fat; sodium; trans fat; totalcarbohydrates; protein; and sugars.21Do all food and beverage items sold in acovered restaurant or similar retail foodestablishment require calorie labeling?No, the labeling requirements only apply torestaurant-type foods that are “standard menuitems.”22 “Standard menu items” are thosefoods and beverages routinely served in theestablishment.23 Items like condiments on tables,daily specials, temporary menu items, and customorders are excused from the requirement.24 Selfservice foods (such as items on a salad bar) and foodsplaced on display (such as muffins at a coffee shop),do not require calorie labeling if they are availablefor less than a total of 60 days per year or fewer than90 consecutive days as a market test.25 The rule alsoexempts alcoholic beverages that are on display butnot self-service,26 such as bottles of liquor behindthe bar used to prepare mixed drinks.Non-restaurant-type foods are not subject to the rule,even if a covered establishment sells them. Certain foodspurchased in grocery stores or other similar retail foodestablishments that are typically intended for morethan one person to eat, are stored for use later, or requireadditional preparation before consuming are not subjectSt. Paul, .7506
Federal Calorie Labeling Regulations 4PHOTO: KEVIN HARBER/FLICKRto the labeling requirements.27 Examples include poundsof deli meats and cheeses, whole cakes or loaves of breadfrom a bakery, and trail mix from a grocery store bulk bin.Who must comply with the federal vendingmachine labeling requirements?Vending machine operators who own or operate 20or more vending machines must comply with thefederal law.28What specifically must a covered vendingmachine operator do?Vending machine operators must provide calorieinformation for foods and beverages sold in theirvending machines.29 The calorie information must beclear, conspicuous, and prominently displayed.30If the packaged food contains more than one serving,the calorie information must list the total number ofcalories present in the entire package.31 For vendingitems that include variable selected options (e.g.coffee with options for sugar or cream), calories mustbe provided per option or for the final product withselected options.32Public Health Law Center875 Summit AvenueAdditionally, the vending machine operator must puthis or her contact information on the vending machines.The information must include the operator’s name,phone number, and email address or mailing address.33Must calorie information be provided forall food and beverage items sold in vendingmachines?Yes, unless the prospective purchaser can see thenutrition information, including, at a minimum, thetotal number of calories per container listed on theitems’ nutrition facts labels, without obstruction,before purchase.34 The information must be clearand conspicuous, and must be easily read while theitem is in the machine.35Are there rules for establishing the nutritioninformation?Yes, a covered restaurant or similar retail foodestablishment must have a reasonable basis forthe nutritional values provided for standard menuitems.36 Nutrition information “may be determinedusing nutrient databases cookbooks, laboratorySt. Paul, .7506
Federal Calorie Labeling Regulationsanalyses, or other reasonable means.”37 Theinformation must be accurate, and the FDA canrequire an establishment to provide evidencesubstantiating the nutritional claims.38 For vendingmachines, the nutritional content may be derivedfrom the package label, information provided bythe manufacturer or supplier, nutrient databases,cookbooks, or laboratory analyses.May state and local governments enacttheir own calorie labeling or nutritionaldisclosure laws for the same businessescovered by the federal law?Yes and no. The federal law expressly allows stateand local governments to enact their own menu orcalorie labeling laws as long as the requirements areidentical to federal law.39 However, state and localgovernments may not require establishments coveredby the federal law to comply with requirementsthat are different from federal law.40 A state or localjurisdiction may wish to enact its own identical lawso it could directly enforce the requirements under itsenforcement scheme, instead of relying on the federalgovernment for enforcement. With respect to localgovernments in Kansas, the Kansas legislature recentlypassed a law that declared that the “regulation of nutrition labeling for food and nonalcoholic beveragesthat are menu items in restaurants, retail foodestablishments or vending machines is reserved to thelegislature and may be regulated only by legislationof statewide application.”41 So local governmentsin Kansas have been preempted by state law fromenacting their own menu or calorie labeling laws.May state and local governments enact theirown menu or vending machine labeling lawsfor businesses not covered by the federal law?875 Summit Avenue5well as on vending machine operators, that are notcovered by the federal law. However, those businessescan choose to register with the FDA and complywith the federal requirements instead.42When do the federal requirements gointo effect?The FDA will begin enforcing the requirements forrestaurants and similar retail food establishments onMay 5, 2017. Most of the vending machine labelingrequirements go into effect on December 1, 2016,except for certain food products sold in glass-frontmachines. For these products in glass-front machines,the compliance date is July 26, 2018.43How will the federal law be enforced?The FDA may handle enforcement, or it may chooseto work through state or local representatives, whowould act on behalf of the FDA to enforce the federalrequirements.44 Also, a state may act on its own behalfto enforce the law within its own borders.45 Mostlikely, enforcement will be a team effort; the FDA hasindicated that in the period before the rules go intoeffect, it will assess resources and consider conductingtraining and further outreach to state and localinspectors to facilitate enforcement.46Where can I find more information?The FDA has issued guidance documents to helpbusinesses understand and comply with the newlaw. Guidance documents, while not legally binding,“represent the [FDA’s] current thinking” on the lawsthey are enforcing, and assist in implementation andcompliance.47 The guidance documents include: Yes; although in Kansas, only the Kansas Legislaturemay impose different, stricter requirements onrestaurants and similar retail food establishments, asPublic Health Law Center St. Paul, MinnesotaGuidance for Industry: A Labeling Guide for Restaurantsand Retail Establishments Selling Away-From-HomeFoods — Part II (Menu Labeling Requirements inAccordance with 21 CFR 101.11);48 and55105www.publichealthlawcenter.org651.290.7506
Federal Calorie Labeling Regulations Nutrition Labeling of Standard Menu Items inRestaurants and Similar Retail Food Establishments —Small Entity Compliance Guide, which restates therequirements in plain language and is intended tohelp small businesses comply with the final rule.49 These guidance documents and other resourcesto help explain the requirements can be found n/ucm217762.htm.Last updated: August 2016This publication was prepared by thePublic Health Law Center at MitchellHamline School of Law, St. Paul,Minnesota, with assistance from SarahHall Mann, J.D. Financial supportfor this fact sheet was provided by theKansas Health Foundation.The Public Health Law Center provides information and legal technicalassistance on issues related to public health. The Center does not provide legalrepresentation or advice. This document should not be considered legal advice.Endnotes12345678910111213141516171819About The United States Healthful Food Council, United States Healthful Food Council, http://ushfc.org/about(last visited June 22, 2016).International Food Information Council Foundation, Food & Health Survey 2015 6 (Mar. 2015), 5-Food-and-Health-Survey-Full-Report.pdf.Id. at 21.21 U.S.C. § 343(q)(5) (2016).21 C.F.R. § 101.11(a) (2016).Id.Id.Id.Id.21 C.F.R. § 101.11(a) (2016).Id.FDA Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments, 79 Fed. Reg. 71158 (Dec. 1, 2014).21 C.F.R. § 101.11(a) (2016).U.S. Food & Drug Administration, Guidance for Industry: A Labeling Guide for Restaurants andRetail Establishments Selling Away-From-Home Foods — Part II (Menu Labeling Requirements inAccordance with 21 CFR 101.11) 3.9 (Apr. 2016), eDocumentsRegulatoryInformation/ucm461934.htm.21 C.F.R. § 101.11(b)(2)(i)(A) (2016).21 C.F.R. § 101.11(b)(2)(iii)(A) (2016).21 C.F.R. § 101.11(b)(2)(i)(B) (2016).Id.21 C.F.R. § 101.11(b)(2)(i)(C) (2016).Public Health Law Center875 Summit AvenueSt. Paul, .75066
Federal Calorie Labeling 940414243444546474849 21 C.F.R. § 101.11(b)(2)(ii) (2016).21 C.F.R. § 101.11(b)(2)(ii)(A) (2016).21 C.F.R. § 101.11(b)(1)(i) (2016).21 C.F.R. § 101.11(a) (2016).21 C.F.R. § 101.11(b)(1)(ii)(A)(1) (2016).21 C.F.R. § 101.11(b)(1)(ii)(A)(2) (2016).21 C.F.R. § 101.11(b)(1)(ii)(B) (2016).FDA Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments,79 Fed. Reg. 71170, 71184 (Dec. 1, 2014).21 C.F.R. § 101.8(c)(1)(ii)(A) (2016).21 C.F.R. § 101.8(c)(2)(i) (2016).21 C.F.R. § 101.8(c)(2)(ii) (2016).21 C.F.R. § 101.8(c)(2)(i)(C) (2016).21 C.F.R. § 101.8(c)(2)(i)(D) (2016).21 C.F.R. § 101.8(e)(1) (2016).21 C.F.R. § 101.8(b) (2016).21 C.F.R. § 101.8(b)(2) (2016).21 C.F.R. § 101.11(c)(1) (2016).Id.21 C.F.R. § 101.11(c)(2), (3) (2016).Patient Protection and Affordable Care Act, Pub. L. No. 111-148, § 4205, 124 Stat. 119, 573 (2010).21 U.S.C. § 343-1(a)(4) (2016).Kan. S.B. 366 § 2(a) (2016).21 C.F.R. §§ 101.11(d)(1), 101.8(d)(1) (2016).Food Labeling; Calorie Labeling of Articles of Food in Vending Machines; Extension of Compliance Date, 81Fed. Reg. 50303 (Aug. 1, 2016), 16-18140.pdf. The FDAexplained that it is extending the compliance date for foods that have visible front-of-package labeling and are beingsold through glass-front vending machines that do not have the capability to provide nutritional information electronically to align with the date that the new Nutrition Facts Panel label rule also will go into effect. The FDA alsoextended the compliance date for gums, mints and roll candy sold in small packages in glass-front vending machinesin response to industry requests to provide flexibility for labeling these products.21 U.S.C. § 372(a)(1)(A) (2016).21 U.S.C. § 337(b) (2016).FDA Food Labeling; Calorie Labeling of Articles of Food in Vending Machines, 79 Fed. Reg. 71283 (Dec. 1, 2014).21 C.F.R. § 10.115(d)(3) (2016).Food and Drug Administration, Guidance for Industry: A Labeling Guide for Restaurants andRetail Establishments Selling Away-From-Home Foods — Part II (Menu Labeling Requirements inAccordance with 21 CFR 101.11) (Apr. 2016), eDocumentsRegulatoryInformation/ucm461934.htm.Food and Drug Administration, Nutrition Labeling of Standard Menu Items in Restaurants andSimilar Retail Food Establishments Small Entity Compliance Guide (Mar. 2015), 6.pdf.Public Health Law Center875 Summit AvenueSt. Paul, .75067
Public Health Law Center 875 Summit Avenue St. Paul, Minnesota 55105 www.publichealthlawcenter.org 651.290.7506 Federal Calorie Labeling Regulations for restaurants and vending machines in Kansas All too often people underestimate or have no way to know how many calories or how much sugar
an individualized meal plan. A word about calories: We have limited the caloric intake on the menus, in the event that weight loss is one of your . Type of Food 1300 calorie 1600 calorie 1800 calorie 2000 calorie 2200 calorie 2400 calorie Pro
It’s hard to believe this claim passed the laugh test at The Times. If you believe Taubes, it’s not the 670-calorie Cinnabons, the 900-calorie slices of Sbarro’s sausage-and-pepperoni-stuffed pizza, the 1,000-calorie shakes or Double Whoppers with Cheese, the 1,600-calorie buckets of movie theater popcorn, or the 3,000-calorie orders of
Mar 21, 2017 · DETERMINE THE TWO CALORIE CHARTS TO USE. A.ee page 4 in your S 21 Day Fix EXTREME Eating Plan to determine your Calorie Target. B. Using that Calorie Target, see below to determine which Countdown to Competition Calorie Chart you should use. C. The teal column of the Calorie
Caloric Level The calorie level may be identified as a number or numerical range or may be described with words or phrases. Examples: 3000 calorie general diet 1200 - 1400 calorie general diet Reduced portion general diet The terms "low calorie" and "reduced portions" should be defined, such as low calorie 1800 calories.
Food Labeling Guide September 1994; Revised April 2008; Revised October 2009 Guidance for Industry: A Food Labeling Guide . The Federal Food, Drug, and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act are the Federal laws . (e.g., the UPC bar code is not FDA required labeling). 21 CFR 101.2(e) 8. What name and address must be .
A Food Labeling Guide Additional copies are available from: Office of Nutrition, Labeling, and Dietary Supplements HFS-800 . and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act are the Federal laws governing food products under FDA's jurisdiction. Consolidated for printing: US FDA/CFSAN - A Food Labeling Guide Page 2 of 88
calorie reductions we find at Starbucks (see Section IVB). A second limitation is that we have data for only one chain (Starbucks). We can-not know if the effects of mandatory calorie posting at Starbucks are similar to the effects at other chains. We also do not know if people offset changes in their calorie
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