The U.S. Food and Drug Administration (FDA) recently
finalized two rules requiring calorie information on menus and menu boards in
restaurants and retail food establishments that are part of a chain of 20 or
more locations, doing business under the same name, and offering substantially
the same menu items. The FDA rules will also require establishments to provide,
upon consumer request, written nutrition information about total calories,
total fat, calories from fat, saturated fat, trans fat, cholesterol, sodium,
total carbohydrates, fiber, sugars and protein. Restaurants and similar retail
food establishments will have one year from the date of publication of the menu
labeling final rule to comply with the requirements.
In Canada, the province of Ontario is moving forward with
similar requirements. On February 24, 2014, the Liberal government introduced
Bill 162 Making Healthier Choices Act 2014. Like the FDA’s rules, Ontario’s
proposed legislation will require restaurant chains and other food service
providers with 20 or more locations operating under the same or substantially
the same name in Ontario to display the number of calories of all standard food
or drink items on their menus, menu boards, displays and on one or more signs.
It is worth noting that the legislation specifically includes a franchisor of a
restaurant chain or other food service provider in the definition of a “person
who owns or operates a food service premise” that is caught by the legislation.
While the manner in which the definition is drafted creates some uncertainty on
this point, the inclusion of franchisor in the definition of “person who owns
or operates a food service premise” may mean that both the franchisor and its
franchisee could be found liable for failure to display the number of calories
of all standard food or drink items on their menus, menu boards, displays and
on one or more signs. Bill 162 is now at second reading stage.
FDA: Food Labeling; Nutrition Labeling of Standard Menu
Items in Restaurants and Similar Retail Food Establishments https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-27833.pdf
Ontario: Bill 162 and its status: http://www.ontla.on.ca/web/bills/bills_detail.do?locate=en&Intranet&BillID=2939
