Laws and Regulations

Federal Menu Label Law 

The U.S. Supreme Court ruled on portions of the 2010 Patient Protection and Affordable Care Act (ACA) on June 28, 2012. However, the Supreme Court did not address the menu labeling requirements established by the Act. Under ACA, restaurants with twenty or more locations are required to list calorie content information for standard menu items on restaurant menus/ menu boards and provide written nutritional information upon customer request. Whereas, vending machine operators with twenty or more vending machines must prominently display each food’s calorie content. ACA assigned the Food and Drug Administration (FDA) with devising the menu labeling regulations. The FDA had announced proposed regulations on April 6, 2011 with final rules to be issued prior to the end of 2011. However, a final rule has not yet been made.

The FDA still welcomes comments. To electronically present comments to the proposed regulations, go to:  http://www.regulations.gov/#!home .

As instructed on the FDA website:

1. Choose “Submit a Comment” from the top task bar
2. Enter the follow docket numbers in the “Keyword” space: docket number FDA-2011-F-0172 for menu items in restaurants and similar retail food establishments, and docket number FDA-2011-F-0171 for vending machines. 
3. Select “Search”

Alternatively, comments to the docket can be presented by mail. Be certain to include the corresponding docket number on each page of your written comments to the mailing address below:

The Division of Dockets Management
HFA-305
Food and Drug Administration
5630 Fishers Lane, Room 1061
Rockville, MD 20852

Initially, the Menu Education and Labeling (MEAL) Act was introduced in the house but never became law: HR 3444 on November 5, 2003, HR 3895 on October 18, 2007, HR 5563 on June 8, 2006, and HR 2426 on May 14, 2009. Likewise, the MEAL Act was introduced in the senate but never became law: SB 2108 on February 24, 2004, SB 3484 on June 8, 2006, and SB 2784 on March 13, 2008. SB 3575 Labeling Education and Nutrition Act (LEAN) was introduced on September 25, 2008; similarly, HR 7187, the LEAN Act of was introduced two days later. But, neither SB 3575 nor HR 7187 became law. However, on March 9, 2009, HR Bill 1398, the LEAN Act of 2009 was introduced and subsequently referred to the House Energy and Commerce Committee and the House Energy and Commerce, Subcommittee on Health. Then, Senate Bill 558, the LEAN Act of 2009 was introduced the next day and subsequently referred to the Senate Health, Education, Labor, and Pensions Committee. And finally, HR 3590, the Patient Protection and Affordable Care Act (Section 4205 pertains to menu labeling) was introduced on September 17, 2009 and passed by the house on October 8, 2009. The Senate co-opted the H.R. 3590 bill making proposed amendments in late November, early December, 2009 and was ultimately passed in the senate on December 24, 2009. The House concurred with the Senate amendments which subsequently passed on March 21, 2010.

President Obama signed the health care reform legislation into law on March 23, 2010 requiring that the restaurant food labeling regulations go into effect by March 23, 2011. Restaurants and similar retail food establishments with 20 or more locations, according to Section 4205 of the Patient Protection and Affordable Care Act of 2010, will be required to list calorie content information for standard menu items on restaurant menus and menu boards, including drive-through menu boards. Other nutrient information [total calories, fat, saturated fat, cholesterol, sodium, total carbohydrates, sugars, fiber and total protein] would have to be made available in writing upon request. The Act also requires vending machine operators who own or operate 20 or more vending machines to disclose calorie content for certain items. Restaurants and vending machine operators with less than 20 locations can voluntarily follow these requirements. Originally, proposed regulations as to how these provisions were to be carried out was to be issued by the FDA by March 23, 2011.

State/Local Menu Label Laws

Alabama

Alabama has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. The Food and Drug Administration is required to issue proposed regulations by March 23, 2011.

Alaska

Alaska has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Arizona

Arizona Senate Bill 1436 was introduced on January 29 and 30, 2007 stating that the posting of certain nutritional information on chain restaurant menus be required. The bill was assigned to and subsequently held in the Commerce and Economic Development, Health and Rules Committees. No further action was taken. Otherwise, Arizona defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Arizona (Pima County/Tucson)

The Pima County Board of Supervisors introduced Resolution No. 2009-280 on November 3, 2009, requesting the voluntary elimination of artificial trans fats from being sold in Pima County restaurants and food service establishments. The resolution was unanimously voted on to adopt said Resolution.

Arkansas

Arkansas House Bill 1823 was introduced on March 2, 2005 with a portion of the bill proposing to provide nutritional information to the public. But, the bill died Senate Committee at Sine Die adjournment on June 3, 2005. Otherwise, Arkansas defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

California

[Select Health and Safety Code and type in keywords “menu labeling,” SECTION 114087-114094.] California Health and Safety Code, Section 114094 pertains to California’s food facility’s menu labeling requirements. California menu labeling laws are consistent with federal law and negate as null and void any local menu labeling ordinances or regulations. This law applies to food facilities with 19 or more locations with the same name in the state offering substantially the same menu items for sale at least 180 days per calendar year. Effective January 1, 2011, required food facilities shall make known calorie content information displayed for sale on a menu, menu board or display tag for standard menu items per individual serving. If there is a combination of at least two standard menu items, both the minimum and maximum of the calorie count information shall be provided. Every brochure shall include the statement: “Recommended limits for a 2,000 calorie daily diet are 20 grams of saturated fat and 2,300 milligrams of sodium.” Drive-through restaurant areas shall display nutritional information on a menu board or brochure to include similar wording at the point of sale: “NUTRITION INFORMATION IS AVAILABLE UPON REQUEST” noting that nutritional information is available upon request. Custom-made orders per customer request, self-served salad bar or buffet are excluded from these provisions. Menus and menu boards may include a disclaimer indicating variations in nutritional content across servings, based on variations in overall size and quantities of ingredients, and based on special ordering. California Health and Safety Code, Section 114377 pertains to the ban of all foods containing artificial trans fats, i.e., contains more than 0.5 gm per serving, effective January 1, 2011 in a food facility.

California (Los Angeles)

The Los Angeles Department Public Health had originally initiated an incentive-based, voluntary trans fat reduction program for foods sold in retail food facilities, beginning November 17, 2007. The program started based on the Los Angeles County Board of Supervisors approved motion of January 30, 2007 and subsequent task force meetings. However, the local law is no longer valid since AB 97, Mendoza, requiring all foods containing artificial trans fats to have less than 0.5 grams of trans fat per serving, had been enacted and took effect on January 1, 2010. The bill was subsequently signed into law by the Governor under California Health and Safety Code, Section 114377 which pertains to the ban in a food facility of all foods containing artificial trans fats, i.e., contains more than 0.5 gm per serving, effective January 1, 2011.

California (San Francisco City and County)

The Nutritional Disclosure Requirements under Section 114094 of the California Health and Safety Code went into effect on July 1, 2009 and negating as null and void any local menu labeling ordinances or regulations. Prior to that, the City and County of San Francisco had amended its nutrition menu labeling regulation (San Francisco Health Code Sections 468 through 468.8) on March 24, 2008 for chain restaurants with 20 or more locations in California to print certain nutritional information. The regulation was initially suspended on October 28, 2008 and finally suspended by the Board of Supervisors on November 28, 2008.

California (San Mateo County)

San Mateo county board of supervisors voted and unanimously approved on August 12, 2008 the requirement that food service establishments (FSE) with at least 15 locations in California post nutritional information about their food on printed menus. However, the local ordinance was rescinded since the California Health and Safety Code §114094 became effective on July 1, 2009 requiring chain food facilities to disclose certain nutritional or calorie count information.

California (Santa Clara County)

The Santa Clara County Board of Supervisors had passed the Restaurant Menu Labeling Ordinance requiring chain restaurants to provide basic nutrient and caloric information for menu items, effective September 1, 2008. However, the local ordinance was rescinded since the California Health and Safety Code §114094 became effective on July 1, 2009 requiring chain food facilities to disclose certain nutritional or calorie count information. The County of Santa Clara Legislative Committee approved minutes of January 14 and February 24, 2010 regarding the Federal health care bill relating to standardized restaurant menu labeling requirements on March 24, 2010. Also, see http://www.sccgov.org .

California (Tiburon County)

The Tiburon County Town Council voted for a voluntary elimination of artificial trans fats or oils from being sold in its restaurants.

Colorado

Colorado has no restaurant menu labeling laws. However, Colorado’s restaurant initiative started back in 2004 which ultimately led to the Smart Meal™ Program which started in 2006. To display the Smart Meal™ Program seal, restaurant meals must meet specific nutrition requirements to display the seal on desired menu items. The program was created based on a joint effort of the Colorado Department of Public Health and Environment, the Colorado 5-A-Day task force, and the Colorado Physical Activity and Nutrition Program.

Connecticut

Connecticut chain restaurants of 15 or more restaurant locations were required to make available to consumers the total number of calories for each standard menu item offered for sale for at least 90 days a year by July 1, 2010. Grocery stores, movie theaters, itinerant food vendors, or catering food establishments are excluded in the chain restaurant definition. Customized orders, alcoholic beverages, and packaged foods are not included. A disclaimer may be included on the menu stating there may be variations to the total number of calories based on special orders or slight variations to the overall serving size or ingredient quantity. Proposed Senate Bill 258 was introduced January 16, 2007 banning the use of artificial trans fats foods in Connecticut restaurants; referred to the joint committee on public health committee; a public hearing subsequently held on February 26, 2007. The bill was passed by the Senate, but was never voted for by the House.

Connecticut (Stamford)

The city’s ban on restaurants from using artificial trans fats began on July 1, 2008. The ban was adopted on April 7, 2008 by Ordinance No. 1085, Section 132-24.1 (Foods containing artificial trans fat.5.1) of Article III, Food Service Establishments.

Delaware

Delaware’s Senate Bill 81 requires chain restaurants to properly and completely label food choices with important nutritional information. The bill was introduced on April 30, 2009. The concept behind the bill but not the specifics to the wording was approved according to the Delaware Heath Care Commission’s June 4, 2009 Minutes. Senate Amendment No. 5 to Senate Bill 81 was passed on January 20, 2010. Accordingly, chain restaurants are defined as those with 20 or more establishments and nutritional information would need to be posted. A menu shall include, in a clear and conspicuous manner, the following statement: “The average person needs 2,000 total calories per day; individual needs may vary.” Menus or menu boards shall include the following or similar wording: “The nutrition information is based on standard recopies and product formulations; however, variations may occur due to differences in preparation, serving sizes, ingredients, or special orders.”

District of Columbia

The Menu Education Labeling Act of 2005 (B16-0495), 2007 (B17-0139), and 2009 (B18-0405) was introduced on November 1, 2005, March 6, 2007 and July 14, 2009, respectively; none were signed by the mayor. Chain restaurants or similar retail food establishments with 10 or more locations nationally and to provide nutritional information for standard menu items on a menu, menu board, or food display tag. Nutritional information to be displayed includes total number of calories, grams of saturated fat and trans fats, grams of carbohydrates, and milligrams of sodium. However, chain restaurants that use a menu board or food display tag may limit the nutritional information to total number of calories per serving but additional information must be made available in writing to those requesting customers. Trans Free DC Act of 2007 (B17-0168) and 2009 (B18-0132) prohibiting the use of artificial trans fats in restaurants and other food service establishments were introduced on April 3, 2007 and February 3, 2009, respectively; none were signed by the mayor.

Florida

The Florida senate acknowledges the Labeling Education and Nutrition Act (LEAN) have been reintroduced into the U. S. House of Representatives and the U. S. Senate. The Florida senate also acknowledges its law would be superseded by federal law. Standard food items offered for sale at least 90 days per calendar year in a food service establishment (FSE) to display information the number of calories for each menu item on a menu or menu board. A menu or a menu board shall also include a statement that directs a customer to the location of additional nutritional information that may be known and available but not required, including, but not limited to, the amount of sodium, trans fat, saturated fat, cholesterol, carbohydrates, sugars, and protein in each food item. Florida’s Act shall become effective January 1, 2011 through December 31, 2011 and to apply to FSEs with 20 or more locations. Then on January 1, 2012, said Act shall apply to all Florida FSEs.

Florida (Boca Raton)

The City Council of the City of Boca Raton initially met on January 23, 2007; the City Manager was instructed to draft a letter to the restaurants located within the City limits promoting voluntary elimination of trans fats in their menus. On March 27, 2007, the drafted letter was reviewed and considered by the City Council and the Mayor. The Council mostly agreed to a voluntary elimination of artificial trans fats in the preparation of food as a satisfactory approach. The letter was to be signed on behalf of the City of Boca Raton.

Florida (Miami)

Miami Beach City Code, Chapter 82, entitled “Public Property,” Section 82-4, Foods Containing Artificial Trans Fat prohibited In Vending Machines On City Property was enacted on December 12, 2007 (Ordinance No. 2007-3585, § 1).

Georgia

Georgia House Bill 1303, provisions of food nutrition information for food service establishments (FSEs) was introduced on February 22, 2008 and passed/adopted in the house on March 11, 2008. The bill was passed/adopted in the senate on March 27, 2008 and signed by the Governor on May 12, 2008. It became effective on July 1, 2008. Refer to Title 26 of the Official Code of Georgia Annotated (O.C.G.A. § 26-2-370 and § 26-2-373), food nutrition information at FSEs shall not be regulated by any county board of health or political subdivision of the state; definition of a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. The Department of Human Resources shall have the power to adopt and promulgate such rules and regulations as it deems necessary. House Resolution 826, Georgia’s addressing the ban of selling artificial trans fats was introduced on April 13, 2007 and passed/adopted on April 20, 2007 by the Rules Committee Substitute. The committee was to undertake a study of the then current use of trans fats in Georgia’s food industry and public school system. Reports were to be made prior to, and the committee to be abolished as of December 31, 2007.

Hawaii

Hawaii House Bill 1526, Menu Education and Labeling Act requires franchise retail food establishment (FRFEs) to include nutritional information about each standard menu item offered for sale more than 180 days per year. From January 1, 2012, a FRFE that provides a menu shall disclose calorie content information for a standard menu item on a menu, menu board, or display tag next to the item. Nutritional information to be provided includes the number of calories, grams of saturated fat, grams of carbohydrates, and milligrams of sodium; and shall take effect July 1, 2020. Senate Bill SB2140 pertains to the restriction of artificial trans fats in food establishments (FEs) and prohibits foods containing artificial trans fat from being stored, distributed, or served by, or used in the preparation of any food within, a FE. The ban on oils, shortening, and margarines with trans fat shall be effective January 1, 2011 while the ban on food containing trans fat shall be effective January 1, 2012. However, no action has been taken to date for either matter.

Idaho

Idaho has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Illinois

Most recently, Illinois menu labeling efforts are as follows: House Bill 0028 Menu Education and Labeling (MEAL) Act of 2009 which was first read on January 14, 2009. The bill requires retail food establishments to post information notifying patrons that certain foods on their menus may be high in calories, grams of saturated and trans fat, and milligrams of sodium per serving, which has been known to cause diabetes, heart disease, and high blood pressure The bill was re-referred to the Rules Committee on March 13, 2009 as Rule 19 (a). A similar bill with similar measures, HB 5036 was first read on January 25, 2010 and referred to the Rules Committee. It was then assigned to the Consumer Protection Committee on February 16, 2010 and re-referred to the Rules Committee on March 15, 2010 as Rule 19 (a). House Resolution 0262, urging Congress to pass a national standard for nutritional menu labeling in chain restaurants, was first read on April 2, 2009, the final noted disposition was on June 27, 2010 when it was re-referred to the Rules Committee as Rule 19 (a). HB 5419, which requires food service establishments with 15 or more locations nationally offering for sale standardized menu items for 30 or more days per calendar year to display the total number of calories for each menu item. The bill was first read on February 5, 2010 and was finally re-referred to the Rules Committee on March 26, 2010 as Rule 19 (a). HB 5174 was the trans fat restriction act which was first read on February 1, 2010; it too was re-referred to the Rules Committee as Rule 19 (a) on March 15, 2010. All the above bills or resolutions have been re-referred to the Rules Committee as Rule 19 (a): HB 0028 on March 13, 2009; HB 5036 on March 15, 2010; HR 0262 on June 27, 2010; HB 5419 on March 26, 2010; and HB 5174 on March 15, 2010. The Department of Public Health would have adopted rules to administer and enforce both menu labeling and trans fat Acts. But neither act has been acted upon. [NOTE to Alsion: All the above have same final “re-referred to the Rules Committee as Rule 19 (a)” but different dates. Would it be better to include with initial Bill notation OR summarize at the end as per underlined potion above? I left both in, but want either/best way]

Illinois (Chicago)

City Council has considered placing a limit on the trans fats in foods being served and sold in Chicago’s by larger restaurants.

Indiana

Indiana HB 1207, nutritional information at food establishments (FE), requires FE with 20 or more locations in the state to make certain nutritional information available to customers for each item or unit of food. Said bill was to become effective on July 1, 2009. Read on January 12, 2009, reported on January 27, 2009; and as amended on February 2, 2009. Calorie and carbohydrate information must be made available to customers when making menu selections. While the following nutritional information must be on a separately printed document made available to customers for each item or unit of food: total calories; total grams of fat, saturated fat, and trans fat; total grams of cholesterol, total milligrams of sodium; total grams of carbohydrates, fiber, and sugars; and total grams of protein. As of May 28, 2009, there was the Senate’s first reading of Indiana HB 1207 and was referred to the Committee on Commerce and Public Policy & Interstate Cooperation. This is where the bill now stands.

Iowa

Iowa Senate File 2158, Menu Education and Labeling Act, was introduced on February 12, 2008. It was referred to the human resources committee. Had it passed, it would have required chain restaurants with more than 20 locations to post nutrition information on all of its standard menu items. Menus and menu boards would have required signage stating “Recommended limits for a 2,000 calorie daily diet are 20 grams of saturated fat and 2,300 milligrams of sodium. Saturated fat numbers include trans fat.” Otherwise, Iowa has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Kansas

Kansas has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Kentucky

Kentucky Senate Bill 86 and House Bill 246 were introduced on January 13, 2010 that would have required food service establishments with at least 20 locations in the US to display calorie information on menus, menu boards and drive-through menu boards for standard menu items at point of sale. Had the legislation passed, provisions would have become effective July 1, 2011.

Kentucky (Louisville/Jefferson County)

Louisville notes the U. S. Patient Protection and Affordable Care Act which passed in March 2009 which requires menu labeling of national chain restaurants with 20 or more locations. Louisville’s menu labeling initiative targets local restaurants with less than 15 locations to join the menu labeling endeavor by becoming a Healthy Hometown Restaurant. Restaurants with less than 15 locations can receive technical assistance from chefs and dieticians to calculate recipe calories and to consult with them on suggestions to prepare healthier recipes. Funds are also available to small restaurant owners assist in the cost of printing new menus and menu boards and to pay for marketing to let customers know the restaurant is participating in the program. Participating restaurants can display the Healthy Hometown Restaurant logo in their restaurant and on all their marketing materials.

Louisiana

Louisiana House Bill 509 was introduced in 2008. Had it passed, it would have required chain restaurants to disclose on their menus whether foods contained trans fats and note the health risks associated with them. The Department of Health and Hospitals would have been responsible for developing a standardized language warning statement to be used by all food service establishments. Otherwise Louisiana has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Maine

Maine’s chain restaurant regulations are consistent with federal law noting that any local government is unable to enforce its own ordinance and will be found null and void if attempts to do so. All provisions shall be effective February 1, 2011 (data provided here was extracted on August 13, 2010). [Maine Revised Statute, Title 22, §2500-A, Menu Labeling for Chain Restaurants] Calories per serving must be stated on a food tag display, menu or menu board for food or beverage items offered for sale 90 or more days a year. Exceptions include food items served at a self-service salad bar or buffet, not charged condiments, and custom made orders. Written information must be displayed in a prominent location stating “To maintain a healthy weight, a typical adult should consume approximately 2,000 calories per day; however, individual calorie needs may vary.” The following or similar statement may also be displayed: “Nutrition information is based upon standard recipes and product formulations; however, modest variations may occur due to differences in preparation, serving sizes, ingredients or special orders.” For food or beverage items listed as a single item but include more than one variety, the median value of calories for all varieties for that item may be included if the caloric information for each variety of the item is within 20% of the median for that item. If the caloric information required of a food or beverage item is not within 20% of the median for that item, then the caloric information must be stated for each variety of that item.

Maryland

House Bill 758 was introduced on February 5, 2010 and withdrawn on March 16, 2010. A similar Senate Bill 539 was first read on February 4, 2010 but found to have an unfavorable report by Finance on March 1, 2010. The bills pertained to nutrition information labeling in chain restaurants with 20 or more locations in the US to post a standard menu item’s calories. And provide, upon customer request additional nutritional information, including the following total number of: calories; calories derived from total fat; grams of fat, saturated fat, and trans fat; milligrams of cholesterol and sodium; grams of carbohydrates, complex carbohydrates, sugars, dietary fibers; and grams of protein. Had the legislation passed, the provisions would have become effective October 1, 2010. Prior to that, House Bill 758 and Senate Bill 142 were introduced and withdrawn in 2009. House Bill 91 and Senate Bill 504, prohibiting a food service facility from using foods containing artificial trans fats, were introduced and withdrawn in 2007. House Bill 567 (prohibiting foods containing artificial trans fats) and House Bill 601 (chain restaurant nutrition information labeling) were both introduced and withdrawn in 2009. Senate Bill 633 and House Bill 81, prohibiting foods containing artificial trans fats, were introduced and withdrawn, respectively in 2007 and 2008.

Maryland (Baltimore City)

Ordinance 08-0304 was introduced on January 28 and enacted on March 20, 2008 prohibiting food service facilities from serving, using, storing, distributing, or holding food containing trans fat; and became effective 18 months after enactment.

Maryland (Montgomery County)

Montgomery County’s menu labeling law, conforming to the Patient Protection and Affordable Care Act of 2010’s menu labeling requirements, pertains to certain eating and drinking establishments with 20 or more locations in the U.S. Said establishments are required to post a standardized menu item’s calories on the menu or menu board and provide customers written nutrition information upon request. Said law became effective on July 1, 2010 and enforcement of these county menu labeling law requirements began on January 1, 2011. Provisions that will not to be enforced until federal regulations are finalized include: posting of calorie information for different flavors and varieties, posted statement pertaining to suggested daily calorie intake, and posting of alcoholic beverages. The ban of artificial trans fats in county restaurants was introduced in 2007 with eliminations beginning January 1, 2008 and waivers being granted to January 1, 2010 for certain prepackaged foods sold in restaurants.

Massachusetts

Calorie posting regulations were adopted by the Massachusetts Department of Public Health (DPH) on May 13, 2009. The regulations pertained to food service establishments with 20 or more locations in the state and would have become effective November 1, 2010. However, on June 9, 2010, the DPH proposed to rescind the calorie posting regulations due to the federal preemption under the Patient Protection and Affordable Care Act signed into law on March 23, 2010. The public hearing was held on Wednesday, July 21, 2010 but no written comments were received during the public comment period and no one attended the hearing. During the meeting of September 8, 2010, Public Health Council of the Massachusetts DPH voted unanimously and approved to rescind posting of calorie information.

Massachusetts (Boston)

The City of Boston had enforced a city-wide ban on the use of trans fats in restaurants and bakeries in November of 2008.

Massachusetts (Brookline)

Massachusetts (Cambridge)

Massachusetts (Needham)

Massachusetts (Newton)

Michigan

MI SB 595 (2007, enacted, Chapter No. 114) – FSE may, but not required to provide statement on presence or lack of trans fats in foods served/sold by FSE. MI HB 4195 and HB 4196 (2007, proposed) ban FSE with 20+ locations from selling , except foods in its original package … MI HB 4194 (2007, proposed) – Would have required food establishments to indicate which foods sold in the establishment contain artificial trans fats and to include a warning on menus and table tents highlighting the dangers of consuming trans fats. Michigan has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Michigan (Oakland County)

Minnesota

Minnesota has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Minnesota (Minneapolis)

Minnesota (Saint Paul)

Mississippi

Mississippi Senate Bill 2033/S 2063 was introduced in 2009 requiring the ban of trans fats sold in food facilities,. Had it been passed, permits were to have been issued by the State Department of Health. Otherwise, Mississippi has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Missouri

Missouri has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Missouri’s nutrition regulation has been limited to addressing the ban of selling artificial trans fats in public schools. House Bill 1294 was introduced on March 30, 2007 and referred to the Elementary and Secondary Education Committee on May 18, 2007. No further actions were taken.

Montana

Montana has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011. Model Menu Labeling Ordinance — National Policy & Legal Analysis Network to Prevent Childhood Obesity (NPLAN) developed this model menu labeling law for states and municipalities that wish to require certain types of restaurants to disclose product information to consumers. (www.nplanonline.org)

Nebraska

Nebraska has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Nevada

Nevada has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

New Hampshire

New Hampshire LSR 846 was introduced in 2006 and 2007 for the ban against the use of trans fats in the preparation of foods served and sold in restaurants (and schools). Otherwise, New Hampshire has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

New Jersey

The requirement of chain food restaurants with 20 or more locations to provide food or beverage calorie information on items offered for sale was introduced as bill A4236 on November 30, 2009. The bill was substituted by senate bill 2905 and passed in both the House and Senate on January 11, 2010. Bill and joint resolutions were signed by the Governor. Pamphlet Law 2009, Chapter 306 was approved on January 17, 2010 and effective one year after enactment. New Jersey Senate Bill 2265 was introduced in 2006 and 2007 for the ban against the use of artificial trans fats in food prepared and served in restaurants.

New Jersey (Chatham Borough)

New Mexico

New Mexico House Bill 1203 was introduced in 2007. Had it been passed, it would have required restaurants to display calorie information on a menu or menu board’s standard menu items. Restaurants would have been required to limit the use of a trans fats, including those in margarine and shortening, to .05 gram of trans fat per serving. In the same year, NM HM 87 was passed and signed by the governor that the environmental improvement board was to join with the NM restaurant association to study ways to identify the trans fat content in restaurant food and to convey that information to consumers; and that the environmental improvement board be requested to develop workable guidelines for the restaurant industry on ridding foods of trans fat and on recommended limits of trans fat content. Otherwise, New Mexico has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

New York

Bills A00216 and A00219 prohibit certain restaurants and food establishments from serving foods containing artificial trans fat. A00219 also repeals certain provisions. Both bills were referred to health January 5, 2011 and restrict the power of any county, city, town or village to adopt and enforce additional local laws, ordinances or regulations more strict than the standards set forth here. A00219 to take effect December 31, 2012, in particular, oil, shortenings and margarines containing artificial trans fat. The ban on all other foods containing artificial trans fat to become effective June 1, 2013. However, the acceptance of any amendments or repeals is noted.

New York (Albany County)

Albany County restaurants and other food service establishments shall not use artificial trans fats. The removal of trans fat took place in two phases. Phase one became effective January 1, 2009 by eliminating oils, shortenings, and margarines trans fats used for deep frying or in spreads. Phase two became effective July 1, 2009 by eliminating trans fats found in baked goods, mixes, prepared food, and food ingredients.

New York (Erie County)

New York (Nassau County)

Nassau County’s Local Law 7 amended the posting of calorie information required by food service establishments (FSEs) within the county. The posting of calorie information for required FSEs within the county was passed on May 3, 2010 by the legislature and became law. However, the law was repealed on November 24, 2010. [The actual law can be found at http://www.nassaucountyny.gov/agencies/Health/documents/VolumeThree-LocalHealthIssuesPrioritiesandOpportunitieCHA2010-2013withCoverPage.pdf]

New York (New York City)

New York City Health Code Section 81.50 requires that food service establishments (FSEs) belonging to a group of 15 or more FSEs post calorie information prominently on menu boards and menus; food items displayed for sale with food item tags; any other list or pictorial display of a food item or items and price(s) posted and FSE; and menu boards or adjacent stanchions at or prior to the point of ordering for drive-through windows. These FSEs offer the same menu items, in servings that are standardized for portion size and content. This requirement does not apply to menu items listed on a menu or menu board for less than 30 days in a calendar year.

New York (Rockland County)

Rockland County’s Local Law 7 prohibits the use of artificial trans fat in any food item prepared or served at a food establishment within the County and became effective on January 1, 2011. There was a fifth reading and deliberation (Order 09-4-1-2) about the adoption of nutrition labeling of food items at Chain Restaurants on April 1 and, 2009, and May 6 and 20, 2009. A Sixth Reading was not set thereby ending the matter since Statewide HB2726 had been passed while prohibiting local government from enforcing their own restaurant nutrition disclosure laws.

New York (Suffolk County)

The Suffolk County Board of Health adopted amendments to Article 13 of the Suffolk County Sanitary Code pertaining to “Posting Caloric Content in Chain Restaurants” and “Banning the Use of Artificial Trans Fats in Food Service Establishments” on October 28, 2009. The posting of caloric contents of standardized menu items sold at least 30 calendar days per year in chain restaurants identified as food service establishments (FSEs) with 15 or more locations took effect on October 28, 2010. The ban on the use of artificial trans fats took effect on October 28, 2010 with respect to oils shortenings and margarines that are used for frying and in spreads; except that the effective date with regard to oils and shortenings used for deep frying of yeast or cake batter, and all other foods containing artificial trans fats, will take effect on October 28, 2011. For menu items offered in different flavors and varieties, including, but not limited to, beverages, ice cream, pizza, and doughnuts, the range of calorie content values showing the minimum to maximum numbers of calories for all flavors and varieties of that item shall be listed on the menu boards and menus for each size offered for sale, provided however that the range need not be displayed if calorie content information is included on the food item tag identifying each flavor or variety of the food item displayed for sale. For combinations of different food items listed or pictured as a single menu item, the range of calorie content values showing the minimum to maximum numbers of calories for all combinations of that menu item shall be listed on menu boards and menus. If there is only one possible calorie total for the combination, then that total shall be listed on the menu boards and menus. Also refer to http://legis.suffolkcountyny.gov/ and http://www.suffolkcountyny.gov/.

New York (Ulster County)

A “Chain Food Service Establishment” includes those food service establishments with 15 or more locations in the United States, offering for sale substantially the same menu items, in servings that are standardized for portion size and content. The menu item’s nutritional information must be posted on the menu, menu board, and/or food display tag placed in the vicinity of the item. Also refer to, http://www.co.ulster.ny.us/legislature.html.

New York (Westchester County)

Food Chain Restaurants of 13 or more restaurants in Westchester County, New York are required to display restaurant menu calorie content. The law went into effect 180 days after its enactment, which was on or about September 22, 2008. See also http://www.westchesterlegislators.com/index.shtm.

North Carolina

North Carolina has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

North Carolina (Guilford County)

North Dakota

North Dakota has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Ohio

Ohio House Bill 393 was introduced in 2007. Had it been passed, it would have prohibited the use of trans fats by certain retail food establishments. Ohio House Bill 217, Chapter 43 was passed which gives Director of Agriculture exclusive authority to regulate the provision of food nutrition information in food service establishments. And finally, “Food nutrition information” HB 423 was introduced in 2005. Had it been passed, it would have required chain restaurants with 10 or more locations nationally and 5 or more locations in Ohio, to list certain nutritional information. Otherwise, Ohio has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Ohio (Cleveland)

Voluntary ban against the use of trans fats was introduced.

Ohio (Columbus)

Oklahoma

Oklahoma Senate Bill 1309 was introduced in 2006, the Oklahoma Nutrition Information Act. Had it been passed, it would have required chain restaurants with 5 or more locations in Oklahoma to display certain nutritional information for all standard menu items. Otherwise, Oklahoma has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Oregon

Phase One of the menu labeling act took place on January 1, 2010. Chain restaurants are to provide at the point of purchase in written format each standard menu item’s total calories, grams of trans fat, grams of carbohydrates, and milligrams of sodium. Phase Two of the menu labeling took place on January 1, 2011 requiring chain restaurants to post certain nutritional information on menus, menu boards and food tags.

Oregon (Lane County)

Oregon (Multnomah County)

The Oregon Menu Labeling Act requires restaurants with at least 15 or more outlets to post calorie counts on menus, menu boards and drive-through menu boards as passes in 2009. It also requires restaurants to provide information about saturated fat, trans fat, carbohydrates and sodium to customers upon request at the point of ordering. Chain restaurants must have the calories listed on the menus and menu boards by January 1, 2011.

Oregon (Seattle/King County)

King County has banned artificial trans fat in restaurant foods.

Pennsylvania

Pennsylvania House Bill 375 was introduced in 2005. Prior to that, Pennsylvania had considered legislation in 2005 and 2006, that subsequently died at the end of each session that would have required restaurants with 20 or more locations nationally to display certain nutritional information on their menus. Otherwise. Pennsylvania has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Pennsylvania (Philadelphia)

Philadelphia’s Menu Labeling Law requires chain restaurants and retail food establishments with more than 15 locations nationwide to post nutrition information

Puerto Rico

Puerto Rico Del S. 2601 was introduced in 2004. Had it been passed, it would have required chain restaurants with 5 or more locations in the state to display certain nutritional information. Otherwise, Puerto Rico has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Rhode Island

Rhode Island has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

South Carolina

South Carolina Senate Bill 50 was introduced in 2009. Had it been passed, it would have required restaurants to display signage for those foods containing trans fats. Bills, SB 301, 109, and 350 were also introduced in 2007 has pertaining to trans fats. None of these bills had passed. Otherwise, South Carolina has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

South Dakota

South Dakota has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Tennessee

Most recently, three bills were proposed prohibiting trans fat, and subsequently withdrawn, during the 2009 Tennessee’s legislative session. On February 22, 2010, the Senate overturned the Governor’s veto on a bill that prohibits the Commissioner of Health, any County or Metropolitan Board of Health, or political subdivision from enacting an ordinance or issuing any rule or regulation to the provision of food nutrition in foodservice establishments. Otherwise, Tennessee has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Tennessee [Davidson County (Nashville)]

The food menu labeling laws in Davidson County, Tennessee includes food service establishments with 15 or more locations nationwide.

Texas

Texas House Bill 1523 and Senate Bill 204 were introduced in 2009 regarding the storage of foods containing artificial trans fats but were not passed. Otherwise, Texas has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Utah

Utah has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Vermont

Vermont has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Virginia

Virginia has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010 Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Virginia (Arlington)

County Chairman, J. Walter Tejada had wanted to encourage restaurants to eliminate the use of artificial trans fat in food served beginning in 2008. However, Arlington County cannot ban trans fat unless given the authority to do so by the General Assembly.

Washington State

Washington Senate Bill 6659 was introduced in 2008; restaurants would have been required to provide consumers with certain nutritional information on their menus. Senate Bill 6786 and House Bill 3160 were introduced the same year, for the formation of a legislative task force on menu labeling. None of the bills passed. Otherwise, Washington has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010 Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Washington [King County (Seattle)]

King County Board of Health code amended its nutrition labeling regulation so as to align with the national statute for nutrition labeling on May 20, 2010 and became effective on of June 19, 2010.

West Virginia

West Virginia’s nutrition labeling in restaurants legislation was signed by the Governor on June 5, 2009 requiring calories to be made available at the point of purchase in chain restaurants.

Wisconsin

Wisconsin has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.

Wisconsin (Madison County)

Wyoming

Wyoming has no restaurant menu labeling laws and essentially defers to Section 4205 of the Patient Protection and Affordable Care Act signed into law on March 23, 2010. Proposed regulations as to how these provisions are carried out shall be issued by the Food and Drug Administration by March 23, 2011.


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