Federal Menu Labeling Requirements
The federal menu labeling law, part of the Affordable Care Act (ACA), primarily affects larger chain restaurants. The U.S. Food and Drug Administration (FDA) finalized the rule, effective in May 2018, to enhance consumer transparency regarding food purchased away from home.
Who Is a "Covered Establishment"?
A "covered establishment" is a food service business with 20 or more locations operating under the same name and offering similar menus. This includes not only traditional restaurants but also other venues like convenience stores and movie theaters selling restaurant-style food.
What Information Must Be Provided?
Covered establishments must provide nutritional details at two levels for standard menu items.
- On Menus and Menu Boards: Calorie counts must be clearly displayed next to each standard menu item. For self-service items, calories should be posted on a nearby sign. Additionally, menus and boards must include a statement about the 2,000-calorie daily value and an advisory that more detailed information is available upon request.
- Upon Request: Detailed written nutritional information must be provided when requested. This includes total calories, fat (total, saturated, trans), cholesterol, sodium, carbohydrates (total, sugars, fiber), and protein. This data can be in various formats, such as a handout or online.
Exceptions to Federal Regulations
Not all food items are subject to the federal menu labeling requirements. Exemptions include:
- Daily Specials: Items that change frequently are not required to have calorie labels.
- Custom Orders: Meals customized by the customer are exempt.
- Temporary Items: Menu items offered for less than 60 days a year are exempt.
- Condiments: Items for general use, like ketchup, are not covered.
State and Local Menu Labeling Laws
Prior to the federal law, some states and cities had their own regulations. The federal standard, however, preempts conflicting state or local rules, creating a uniform standard for covered establishments nationwide. While states and localities cannot enforce less stringent rules on covered businesses, they may impose stricter regulations that are not superseded.
Voluntary Compliance and Challenges
Smaller restaurants with fewer than 20 locations are not federally required to provide nutritional information. Many opt to do so voluntarily to appeal to health-conscious diners and anticipate potential future mandates. The voluntary process involves standardizing recipes, analyzing nutrient content through databases or labs, and displaying the information on menus or online.
Comparison of Federal vs. Voluntary Compliance
| Feature | Federal Menu Labeling (Mandatory) | Voluntary Nutritional Disclosure |
|---|---|---|
| Scope | Chain restaurants with 20+ locations. | Any restaurant, typically smaller independents. |
| Information | Calorie counts on menus; detailed nutrients upon request. | Varies widely; often limited to website or brochures. |
| Legal Basis | Part of the Affordable Care Act, enforced by the FDA. | Marketing decision or response to local laws/trends. |
| Accuracy Standard | Must have a "reasonable basis" for data. | Can be less rigorous, based on internal calculations. |
| Consistency | Highly standardized across all locations of a chain. | Varies by individual restaurant and dish preparation. |
Conclusion
Federal law requires nutritional information only from large chain restaurants with 20 or more locations, mandating calorie counts on menus and detailed data upon request. Smaller restaurants are not under this federal obligation but can voluntarily provide this information. Consumers can request nutritional details, and many smaller establishments accommodate such requests due to increasing public interest in dietary information. Federal rules establish a base level of transparency, while consumer demand encourages broader voluntary disclosure.
