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FAQ's about the FDA's final menu regulations

The FDA will consider details throughout the next year, and will continue to solicit input on how to properly monitor these regulations.

November 25, 2014

The FDA hosted a conference call in response to today's news regarding its long-awaited final menu labeling regulations. On the call, FDA representatives said they have received 900 comments on restaurant menu labeling and 250 comments on vending machine labeling since the idea was first introduced in April 2011. 

Dr. Jessica Leighton, senior advisor at the FDA, said these rules are important to help consumers by giving them nutritional information that is not only uniform and consistent, but also easy to understand. 

The final rules not only include calorie information, but also typesize requirements (no smaller than the name or price of the menu item, whichever is smaller) and color and contrast requirements. If there is more than one option, calorie information must be presented with a slash (for two choices) or a range (for three or more options). 

Leighton said that grocery and c-stores are included in the final rulings becuase they're now "functioning more as restaurant-type of establishments."

"We created a restaurant-type foods definition, which specifies food that is like most food offered for sale in restaurants," she said. "The definition is food that is ready to eat and often for immediate consumption, either at the establishment, while walking away or soon after. So, whether or not food is covered depends on how it is offered for sale for the consumers." 

Below are some of the follow-up questions from restaurant operators, large and small: 

Q. How is the nutritional content determined for menu items?

A:Covered establishments must have a reasonable basis for declarations and there are "a number of ways" these can be calculated, such as a database, lab research, etc.

Q: How much time do establishments have for compliance? 

A:Restaurants will have one year from the date of publication of the final rules (expected Dec. 1) and vending machine operators will have two years. 

Q: What is involved in the cost of implementation? 

A: The calculation of nutrient contents of standard menu items, updating the menu boards and records management. "We are not dictating menu boards," the FDA said. 

Q: How are LTOs treated? Condiments?

A:Seasonal items are exempt if they're available for 60 days or less. General use condiments are also exempt. 

Q: Where will the labeling need to be located at a salad bar? 

A: There is "some flexibility" on this. The FDA said on the sneeze guard may be a good solution. "If you want to have a sign, the customer needs to be able to view the information at the time they're making their food selection." 

Q: What about menu items that serve multiple people? 

A:There are a "couple of options. For example, a pizza serves multiple people and you can declare a whole pizza. You can also allow it to be declared by the slice, as long as it says per slice and how many slices total are in the pizza. This goes for other similar items, like breadsticks." 

Q: Are catering menu items covered? 

A: If you're a chain of 20 or more units and you're doing business under the same name for your events/catering operation and offering the same menu items that a customer can order, then you're likely coverd. 

Q: If a state or municipality formerly did not require drive-thrus to display information (such as California), will the restaurants have to under the new rules? 

A:Yes, the FDA rules cover drive-thru menus, as well as restaurant menu boards and written menu boards. 

Q: Has there been a decision made about what type of statement needs to be included on targeted children's menus?

A: For children's menus, you can use the standard statement. There are also optional statements specifically for children's menus that operators can choose to use. 

Q: If a chain spins off a new concept that is seperate, does it fall under the chain's requirements or is it exempt? (Example: Taco Bell's US Taco Co. fast casual concept, which has one location).

A: The rule is if there are 20 or more restaurants doing business under the same name, with the same menu items. If your concept is doing business as a different name, it does not meet the FDA's mandate requirement. 

Q: Do promotional materials count as part of the mandate if they're promoting a menu items? Such as an insert, banner or table tent? 

A:They are not considered a menu, so no. It has to be something a consumer could use to make a purchase selection. 

Q: In terms of compliance, how will the regulations be monitored? 

A: The FDA will consider details throughout the next year, and will continue to solicit input on how to properly monitor.