Currently in the State of CA we are required to label our menus with nutritional information. There are a number of caveats but the basic premise is clear – notify guests of what is in your food. The caveats include:
– Covered facilities: must operate 19 or more food facilities under substantially the same name – or – a franchise outlet of a larger corporation with substantially the same menu and at least 19 other locations.
– Calories must be displayed on the menu in the same size and type font as the price.
– Display tags (such as in showcases) must also include caloric information
– Drive-thru’s must provide a brochure listing caloric information at the point of sale
– If a food item is offered for sale less than 180 days in a calendar year, you do not need to post the caloric information.
Under ObamaCare (PPACA) the nation will be going to a menu labeling plan – we just don’t know yet what that looks like. The Food & Drug Administration (FDA) has been tasked with the assignment to outline the posting requirements for all restaurant operators, grocery stores that serve food and manufacturers but they seem to be having trouble getting that done. The initial requirements were due in March of this year but as the FDA has stated “this is one of the most difficult and controversial programs that we have attempted to create.” No doubt part of the problem is the complexity of the restaurant business – with fast food, full service, salad bars, buffets, food trucks, etc, etc.
At issue for restaurateurs in California is what will change, if anything. We do not know if what the fed’s present will trump California’s current menu labeling system and the requirements for qualification. If the FDA decides that to be included under this requirement the ‘covered facility’ definition is only 5 restaurants – I anticipate the State of CA going that direction also.