As of today, the Food and Drug Administration’s “menu labeling” rule is in effect. Retailers, who share a store name with at least 19 other stores, must begin labeling the caloric content of any prepared foods in their stores. This includes self-serve beverage, such as soda fountains and coffee.

The rule has been delayed for a number of years by both FDA’s only action and/or Congressional direction, but is now in effect. FDA has indicated that they are not intending to sanction any retailers for violations for the first year of the new rule but rather treat that time as an educational period. However, retailers in states and localities that have passed their own identical or nearly identical rules, such as California and New York City, should be aware that those localities are able to enforce their rules beginning today as well. Those jurisdictions are not restricted by the FDA’s plan to treat this year as educational.

POWERPOINT PRESENTATION ON MENU LABELING

Covered establishments must disclose the number of calories contained in standard items on menus and menu boards. For self-service foods and foods on display, calories must be listed in close proximity and clearly associated with the standard menu item. Businesses must also provide, upon request, the following written nutrition information for standard menu items: total calories; total fat; saturated fat; trans fat; cholesterol; sodium; total carbohydrates; sugars; fiber; and protein. In addition, two statements must be displayed—one indicating this written information is available upon request, and the other about daily calorie intake, indicating that 2,000 calories a day is used for general nutrition advice, but calorie needs vary.