Who Must Display Calorie Information on Menus?
Since 6 April 2022, large food businesses operating in England with 250 or more employees are legally required to provide calorie information for non-prepacked food and soft drinks. This regulation is part of the Calorie Labelling (Out of Home Sector) (England) Regulations 2021. It is important to note that this mandate currently only applies to England. While Scotland, Wales, and Northern Ireland have not implemented mandatory schemes, some regions have voluntary programmes, such as 'Calorie Wise' in Northern Ireland. The law covers a wide range of establishments that sell food for immediate consumption, including restaurants, cafes, takeaways, and even contract caterers. The employee count includes both full-time and part-time staff.
The Legal Requirement for Displaying Calories
For businesses falling under the scope of the regulations, the calorie information must be presented clearly and prominently at the 'point of choice'. This includes physical menus, menu boards, and online platforms, such as websites and third-party delivery apps. The calorie count must be given in kilocalories (kcal) per portion or item. In addition to the calorie count, a statement of the daily recommended intake, reading "Adults need around 2000 kcal a day", must also be displayed.
Example Display Formats:
- For individual items:
Margherita Pizza (per slice): 250 kcalCheeseburger: 580 kcal
- For customisable items (e.g., salad bars):
Base salad: 150 kcalChicken topping: 120 kcalDressing: 80 kcal
- For sharing platters:
Sharing Nachos (serves 2): 1100 kcal
What are the Exemptions to the Calorie Labelling Rule?
Several exemptions allow businesses flexibility, particularly those with smaller operations or unique offerings.
- Small Businesses: Establishments with fewer than 250 employees are exempt from the mandatory requirements, although they are encouraged to provide calorie information voluntarily.
- Temporary Menu Items: Food items available for less than 30 consecutive days per year, or a total of 30 days in a calendar year, are exempt.
- Alcoholic Beverages: Drinks with an alcohol by volume (ABV) of more than 1.2% are not required to have calorie labels.
- Customised Orders: If a customer requests a specific modification not typically offered on the menu, the resulting dish does not need to be labelled.
- Certain Settings and Services: Food provided in specific settings, such as hospitals, care homes, schools (for under 18s), and by charities at fundraising events, is exempt.
Large vs. Small Businesses: A Comparison of Calorie Labelling Rules
| Feature | Large Food Business (250+ Employees) | Small Food Business (Under 250 Employees) |
|---|---|---|
| Mandatory Requirement | Yes, legally required in England from April 2022. | No, currently exempt from mandatory regulations in England. |
| Display Locations | All 'points of choice', including physical menus, menu boards, websites, and delivery apps. | Voluntary; can display at their own discretion. |
| Information Required | Kcal per portion and the '2000 kcal a day' statement. | Voluntary; businesses can decide what information to display. |
| Enforcement | Subject to enforcement by local authorities, with potential fines for non-compliance. | Not subject to enforcement under this specific regulation. |
| Voluntary Adoption | Some large chains voluntarily adopted labelling before the mandate. | Encouraged to voluntarily adopt calorie labelling practices. |
Potential Impacts and Considerations
The introduction of mandatory calorie labelling has sparked debate across the food industry and public health sectors. Proponents argue it empowers consumers and nudges businesses to offer healthier options, while critics raise concerns over cost, dining experience, and potential negative impacts on those with eating disorders. For businesses, ensuring accuracy is key, with methods including nutritional analysis software or calculation from standard data. A margin of error of up to 20% is generally considered acceptable, provided due diligence is shown. The government will review the legislation within five years of implementation to consider future extensions to smaller businesses and other parts of the UK. For the full details on compliance, businesses should refer to the official government guidelines.
Conclusion
In summary, the mandatory display of calorie information on menus is a reality for large food businesses in England, a measure designed to improve public health awareness. However, the legislation provides significant exemptions for smaller enterprises and for specific menu items like seasonal specials and alcoholic drinks. For businesses with fewer than 250 employees, compliance is voluntary but is often adopted due to increasing consumer demand for transparency. While the law aims to inform healthier choices, its implementation has highlighted a complex balance between public health objectives, commercial realities, and the potential impact on vulnerable individuals. As the legislation continues to evolve, staying informed on current requirements and best practices is essential for all involved in the out-of-home food sector. For further information and detailed implementation guidance, visit the government's official publication.
