FDA issues proposed rules requiring calorie content on menus

Sunday, April 3, 2011

The US Food and Drug Administration (FDA) has issued proposed calorie labeling rules requiring most retail food vendors to display the calorie counts in items on their menus and menu boards. The proposed rules, issued Friday and expected to be finalized in 2012, would apply to most restaurants, snack bars, vending machines, coffee shops, drive-through restaurants, and convenience and grocery stores.

The US Congress required the rules in the health-care reform law passed in 2010. The rules proposed by the FDA must undergo a public comment period before they are finalized and take effect, said Michael R. Taylor, Deputy Director for Foods at the FDA.

The proposed regulations pertain to businesses devoting more than 50 percent of their floor space to the sale of food or that consider themselves restaurants, specifically food-selling chains with at least 20 stores nationally. Included are candy stores, bakeries, and ice-cream parlors.

The FDA’s proposed guidelines specify that chains post the calorie counts of foods and drinks on menus and menu boards or next to the food item, such as at a salad bar. The menu is to prominently exhibit the calorie content of each item in a way customers can see easily, giving them the same information packaged foods prepared at home currently provide. The information must be displayed in “clear and conspicuous” print and colors.

Giving consumers clear nutritional information makes it easier for them to choose healthier options that can help fight obesity and make us all healthier.

Many cities and states have passed laws requiring calorie labeling on menus, beginning with New York City in 2008. California implemented a similar law in January, although many counties are waiting for the release of the federal guidelines before they begin enforcement. Some fast-food chains there, such as McDonald’s and Starbucks, are displaying calorie counts on menus in some of their stores.

The rules are intended to curb the national obesity epidemic since, according to FDA estimates, one third of the calories people consume yearly come from food eaten out. In a statement issued yesterday, Kathleen Sebelius, Secretary of Health and Human Services said, “Giving consumers clear nutritional information makes it easier for them to choose healthier options that can help fight obesity and make us all healthier.”

Excluded from the rules are businesses whose primary product is not food sales but that sell it, such as bowling alleys, airports and airplanes, amusement parks, hotels and movie theaters. Alcohol is also excluded.

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