Understanding the National Menu-Labeling Law

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Presented by:

Lucy Logan, CEO: lucy@foodcalc.comAlyson Mar, RD, Director of Nutrition: alyson@foodcalc.com

Who Is FoodCALC?• Industry leader in web-based nutrition analysis• Over 1200 users• Proud partner of the CRA, ORLA, FRLA, ColRA, MRA,

BiRITE & Stanz Foodservices• National Restaurant Association endorsed• Over 20,000 recipes analyzed to date and growing!• Backed by nutrition professionals and IT support

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What We’ll Cover

1. Who is FoodCALC?2. Menu Labeling Bill Introduction3. Who is Affected?4. What is Required?5. Reasonable Basis for Calculating Nutrition 6. The Unknowns and TBD’s

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Setting The Scene…

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Menu Labeling Bills As of May 2010

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The Great DebateLEAN Act

(Carper/Murkowski)MEAL Act

(Harkin/DeLauro)

Applies Too 20 or more (Nationally) 20 or more (Nationally)

InformationRequired on the Menu, Menu

Board and DriveThru

Information Available Upon Request

CaloriesSodium

Saturated FatTrans Fat

Federal Preemption YES NO

Liability Protections YES NO

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The Outcome

The Landscape Moving Forward• On March 23 President Obama signed the US Health

Care Reform Bill – Includes a menu labeling section (Section 4205)

• Requires chain restaurants to disclose nutrition information in stores and on the menu.

• Will preempt all state and local laws once enacted.– One standard for the industry.

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Who Will Be Affected? • All restaurants and similar retail food establishments

that:– Operate 20 or more locations

– Doing business under the same name

– Franchises are still considered part of the chain

– Provide substantially the same menu• Voluntary program for restaurants who are not affected.

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Affected Market

Sources: *National Restaurant Association, RestaurantChains.net, NPD Group, Food Service Research Institute11

What is Required?On Menus and Menu Boards:

• Number of Calories

– adjacent to the name of the menu item

• Statement of suggested daily intake.

• “Additional nutrition information available upon request”

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Inclusions and ExemptionsStandard Menu Items:• Food, including non-alcoholic beverages• Only items on menu• Not condiments for general use • Not specials (less than 60 days annually)• Not market test items (less than 90 days)

What is Required?Additional Nutrition Information:

• Must be made available upon request

• In written form

• Must Include:– Calories – Total Carbohydrates– Total Fat – Sugars– Saturated Fat – Dietary Fiber– Cholesterol – Protein– Sodium 14

What is Required?Food Tags:• This includes self-service items and items on display

for sale. • Calories must be posted.

– On a sign or food tag adjacent to each item.– Calorie information should reflect one serving of the item.

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Varieties and Combination Meals

One menu item with multiple ordering possibilities.Examples:

• Varying flavors/sizes• Pick your side items• Differing protein selections• Differing cooking techniques

TBD 16

Disclaimers and Flexibility• Always use disclaimers• FDA is considering factors for the law:

• Standardization of recipes and methods of preparation;• Reasonable variation in serving size and formulation of menu items; • Space on menus and menu boards;• Inadvertent human error; • Training of food service workers; • Variations in ingredients; and • Other factors TBD

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Update on the SB1420 Law

Where to Get Nutrition Facts

Reasonable Basis:• Nutrient Database (i.e. MenuCalc)• Cookbooks• Laboratories• Other reasonable means

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Recipe Name Calories Fat Sat Fat Trans Fat Cholest. Sodium Carbs Fiber Sugar Protein

Alyson's Taco 190 3g 0.5g 0g 50mg 140mg 13g 2g < 1g 19g

Bean Burrito with Rice 840 31g 14g 0g 70mg 2570mg 104g 18g 4g 38gBeef with Noodles 790 41g 16g 3g 220mg 200mg 6g < 1g 5g 92g

Burger 610 34g 12g 0g 150mg 450mg 25g 2g 3g 46gCheese and Crackers 280 20g 13g 0g 55mg 260mg 21g 0g 17g 5g

Chicken with Shoyu Sauce 720 56g 28g 0g 265mg 900mg 8g < 1g < 1g 44g

Dirty Rice 100 3g 0.5g 0g 50mg 75mg 14g < 1g < 1g 5g

Dough Mix 30 0g 0g 0g 10mg 0mg 2g 0g 0g < 1g

Guacamole with cheese 70 6g 2g 0g 5mg 150mg 3g 2g < 1g 2g

Middle Eastern Dip 30 1g 0g 0g 0mg 160mg 2g 0g 3g 2g

Download Reports

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Analysis MethodsLaboratory Analysis:

3-7 week turnaround time ~$750per sample

CD-Rom software based Analysis:–Accessible on one computer–$900 - $4000 for license

Consulting Analysis:2-4 week turnaround time$70 - $150 per menu item

FoodCALC:MenuCalc’s plans start at $49 - instant turnaroundRegistered Dietitian consulting $80 - $120 menu item 23

Nutrition Information & Your OperationWhat you will need to get started:

– Recipes (standardized)

– Sub recipes (prep)

– Supplier product information (e.g. private label Sysco)

– Quantities of each ingredient (e.g. 2 oz of cheese)

– Portions size for each menu item

Hidden items to consider:

– Butter on a bun

– Baked items rolled in seeds or oats

– Olive oil drizzled over pizza

– Latest manufacturer data (e.g. formula changes)24

Detailed “get started” checklist found on MenuCalc: http://www.menucalc.com/nutritioninfocenter.aspx

The Unknowns and TBD’s

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•Disclosure of items with variations and combinations

•Flexibility

•Enactment date (expected in 2010)

•Fines/penalties

•Required nutrients

•Anything can change

How Can FoodCALC help?

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Getting Started

2710% off for all CRA Members

Registered Dietitian Consulting

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• CRA member also receive 10% off of our Consulting Services

• Have a Registered Dietitian do the work.

• 30 days free unlimited.

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Questions?Lucy Logan,

Founder & CEO

lucy@foodcalc.comDirect: (415) 398-4452

Alyson Mar, RD, Director of Nutrition

alyson@foodcalc.com  Direct: (415) 398-4653