OLR Bill Analysis
AN ACT CONCERNING ACCESS TO HEALTH AND NUTRITIONAL INFORMATION IN RESTAURANTS.
This bill requires certain chain restaurants to disclose on their standard printed menus or menu boards total calorie counts for standard menu items. The Department of Public Health (DPH) must adopt regulations incorporating the calorie information requirements into regularly scheduled inspections of such food service establishments.
EFFECTIVE DATE: July 1, 2009
CHAIN RESTAURANT DISCLOSURE OF CALORIES IN STANDARD MENU ITEMS
Beginning July 1, 2010, the bill requires each chain restaurant in the state to make available to consumers the total number of calories for each standard menu item as that item is usually prepared and offered for sale by the restaurant. The bill defines “chain restaurant” as a restaurant that is part of a group of 15 or more restaurant locations nationally, doing business under the same trade name, offering predominantly the same type of meals, foods, or menu, regardless of the type of ownership of the individual restaurant locations. A “standard printed menu” is a printed menu provided by a restaurant to individual customers.
Standard Printed Menu
Each chain restaurant using a standard printed menu:
1. must list the total number of calories next to each standard menu item in a size and typeface similar to other information included on the standard printed menu about such item, and
2. may include on the menu a disclaimer that there may be variations in the total number of calories across servings of standard menu items, based on special orders or slight variations in overall serving size or ingredient quantity.
Use of a Menu Board
Under the bill, each chain restaurant using only a menu board or similar sign to list its food or beverage items (1) must list the total number of calories next to the item in a size and typeface similar to other information included on the menu board or sign about the item and (2) may include on the board or sign a disclaimer concerning variations in the total number of calories based on special orders or slight variations in serving size or ingredient quantity.
Varieties and Flavors of Standard Menu Items
For standard menu items that come in different flavors and varieties but are listed as a single menu item, the chain restaurant must list calorie totals on standard printed menus, menu boards, or similar signs listing food and beverages for sale as follows: (1) the median calorie total for all flavors or varieties if the calorie totals for all flavors or varieties are within 20% of the median, or (2) the total calorie range for all the flavors or varieties of the menu item, listed from the lowest to the highest value. Examples of such items are soft drinks, ice cream, pizza, and doughnuts.
Salad Bar, Buffet Line, Cafeteria Service, or Other Self-Serve Arrangement
The bill does not require a chain restaurant providing a salad bar, buffet line, cafeteria service, or similar self-serve arrangement to list calorie totals for such items on a standard printed menu, menu board or similar sign listing food and beverage for sale. But the restaurant must list the total number of calories per serving per item in close proximity to where the items in such arrangements are offered for sale, in a size and typeface that is prominent and legible to customers selecting the items.
Daily Specials, Limited Time Offering, Condiments
The calorie listing requirements do not apply to (1) daily specials and other food or beverage items offered for sale by a chain restaurant for 30 days or less or (2) condiments and other food items on tables or counters for general use and without charge, such as bread.
INSPECTIONS AND REGULATIONS
The bill requires each authorized agent that inspects a chain restaurant to evaluate the restaurant's compliance with the bill's provisions when performing his or her regularly scheduled inspection. An “authorized agent” is an individual certified by the DPH commissioner to inspect food service establishments and enforce the Public Health Code provisions concerning their sanitation under the supervision or authority of a local health director.
As part of the evaluation, the authorized agent may request that the franchisors or corporate owners of chain restaurants provide documentation of the accuracy of the listed calorie totals. The bill specifies that the authorized agent is not responsible for verifying the accuracy of the listed calorie totals.
The bill requires the DPH commissioner, by July 1, 2010, to adopt regulations incorporating inspection and enforcement procedures addressing the requirements for calorie information into regularly scheduled food service establishment inspections.
COMMITTEE ACTION
Public Health Committee
Joint Favorable Substitute
Yea |
22 |
Nay |
9 |
(03/26/2009) |