News

N.Y. governor proposes wide-reaching menu labeling bill

May 19, 2009

ALBANY, N.Y. — New York Gov. David A. Paterson has announced he has proposed legislation to help fight obesity by requiring calorie posting in restaurants, supermarkets and convenience stores that belong to large chains. This initiative is part of the state's war on obesity and is intended to help consumers make informed choices when purchasing food prepared away from home.

The governor's proposal builds upon a successful New York City initiative requiring calorie posting by restaurants and mobile vendors, but extends the requirement to other food service operations that prepare ready-to-eat foods on site. Restaurants, mobile vendors, grocery stores, convenience stores and other retail stores belonging to chains that do business nationally and offer standardized menus will be required to post calorie counts for all items listed on menus and menu boards, including menu boards at drive-thru windows.

The bill has been submitted to the legislature for introduction and follows the recent submission of two other Governor's Program Bills to combat obesity, including one that will prohibit the use of trans fats in restaurants and other food service operations.

If the bill were to pass, New York would become the third state after California and Massachusetts to require calorie postings on menu boards. Two federal bills have also been proposed in the U.S. Senate and House: the Labeling Education and Nutrition (LEAN) Act, which is supported by the National Restaurant Association, and the Menu Education and Labeling (MEAL) Act.

The LEAN Act would require restaurant chains with 20 or more units to post calorie information for standard menu items on menu boards or a similar sign next to the menu board or at the point of purchase. Additional information on 11 nutritional items, including sugar and sodium, would be available to consumers upon request. The national standard would replace regulations in any state or municipality.

The MEAL Act would require nutritional information to be displayed on chain restaurant menus and vending machines. Chain restaurants with 20 or more business locations would be required to provide consumers with information on calories, sodium, saturated and trans fat, and carbohydrates.

The Rochester Democrat and Chronicle (N.Y.)reportsthat New York Senate Health Committee chairman Thomas Duane and assemblyman Felix Ortiz, who have introduced a similar bill, said they would sponsor the governor's legislation. It's unclear when the bill would be considered.

Rick Sampson, president and CEO of the state's Restaurant Association, said Paterson's bill would allow local laws to go further than state law and stressed that the association believes it's important that any state legislation passed supersede local laws to ensure a uniform standard.

The legislation would apply to restaurant chains with 15 or more locations.