Definitions in the Final Rule for Restaurant Menu Labeling Loretta - - PowerPoint PPT Presentation

Definitions in the Final Rule for Restaurant Menu Labeling

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Loretta Carey Food Labeling and Standards Staff Office of Nutrition and Food Labeling CFSAN, FDA

Covered Establishments

• Establishments are covered that are:

– Restaurants or similar retail food establishments

• Retail establishment that offers for sale

“restaurant type food”

– Part of a chain with 20 or more locations

• Fixed locations

– Doing business under the same name

• Name presented to the public or the name of the parent entity if no name

is presented to the public, (e.g., concession stand); this includes slight variations of the name, for example, due to location, region, or size.

– Offering for sale substantially the same menu items

• A significant proportion of menu items that use the same general recipe

and are prepared in substantially the same way with substantially the same food components even if the name of item varies (e.g. “Bay View Crab Cake” and “Ocean View Crab Cake”)

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Examples of Facilities That Are Covered

• Grocery and convenience stores
• Bakeries
• Superstores
• Coffee shops
• Retail confectionary stores

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• Ownership does not determine if an establishment is covered or

not

• If they have 20 or more locations, doing business under the same

name, selling substantially the same menu items, and are selling restaurant-type foods, then they’re covered

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How does FDA understand ownership of a subset

• f stores operating under a similar name? For

instance, an owner of 7 stores in a group of 35 similarly named stores?

Covered or Not Covered?

• We operate over 30 stores under the umbrella of ABC
• Enterprises. Banners include ABC Foods (4), ABC Foods

Express (19), Club Foods (17), and Country Market (3). Our stores do not carry the same standard menu items. Are we covered under the menu labeling final rule?

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• To be subject to the final rule, a cooperative must satisfy all the

criteria in the definition of “covered establishment.” – a restaurant or similar retail food establishment that sells restaurant type food – part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership, e.g., individual franchises) – offering for sale substantially the same menu items.

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What about grocery stores with the name IGA in them but are independently owned? There are many IGA’s throughout coops, but they are

• wned separately?

Restaurant-Type Foods

Restaurant-type foods are defined in part as foods usually eaten on the premises, while walking away, or soon after arriving at another location.

• Examples include:

– Hot buffet foods – Foods ordered from a menu/menu board at a grocery store and intended for immediate consumption – Foods that are self-serve and intended for immediate consumption – Meals served at sit-down restaurants – Foods purchased at a drive-through – Take out and delivery foods

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What are the requirements for products that are sold daily on a grocery’s hot deli or hot bar, but are not listed on a menu board?

• Foods on display

– must include all of the calorie labeling requirements and other nutrition information as foods posted on a menu – must also be the succinct statement and the statement of availability for these foods

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Foods Not Considered Restaurant-Type Foods

• Foods eaten over several eating occasions

– Loaves of bread – Bags/boxes of rolls, cookies, candy – Whole cakes and whole pies – Olives from an olive bar

• Foods that are not self serve and not intended solely for an

individual (deli salads, items sold by weight)

• Foods that are usually further prepared before consuming

(deli meats and cheeses)

• Bulk foods (e.g. nuts, dried fruits, and bagels and muffins

sold from bulk bins)

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Can you clarify the exemption for bulk foods? For instance, if you have a bulk display with bagels, muffins, cookies, and donuts, where the guest can purchase 1 or several, would these items be exempt?

• Preamble provides examples of foods that generally would not be

considered restaurant-type food

• Depends on how they are offered for sale

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Are bite size items sold on Bakery Tables with a price label and the item description (e.g, 32 Count Mini Brownies, 32 Count Mini Cinnamon) covered by the menu labeling final rule?

• In general, we would not consider bags or boxes of cookies and

similar items to be restaurant-type foods, and therefore they would not be covered under the menu labeling final rule.

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Are cut fruit/vegetables that are for purchase in the produce section only in a grocery, covered under the rule, regardless of size of container?

– If the item is marketed and sold as a restaurant

• type food it

would likely be covered – If the item is marketed and sold as a grocery-type item intended for further preparation it would likely not be covered

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Foods That Are Covered

• Standard menu items

– Restaurant type food that is routinely included on a menu or menu board or routinely offered as a self-service food or food on display

• Combination meals
• Variable menu items
• Food on display

– Restaurant-type food that is visible to the customer before the customer makes a selection, so long as there is not an ordinary expectation of further preparation by the consumer before consumption – Examples in Grocery Stores: Pre-made sandwiches or individual packages of sushi

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Foods That Are Covered

• Self-service food

– Restaurant type food that is available at a salad bar, buffet line, cafeteria line, or similar self-service facility and that is served by customers themselves; includes self-serve beverages – Examples in Grocery Stores:

– Foods that are offered on a hot self-service buffet – Salad bar

– In the case of lettuce in a salad bar, where customers serve themselves with tongs, what information are we required to provide? – Calorie labeling and additional written nutrition information would be based on a common household measure (e.g. 2 cups lettuce contains 20 calories)

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Foods That Are Exempt

• Custom Order
• Daily Special
• Food that are part of a customary market test
• Temporary Menu Items
• General Use Condiments
• Foods that are not on a menu/menu board and are not on

display or self serve (not standard menu items)

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Menus and Menu Boards

• Menus and menu boards are defined as the primary writing of the

restaurant or similar retail food establishment from which a customer makes an order selection

• May Include:

– Food tags, coupons, signs, and advertisements, IF they meet the definition of a primary writing – Catering menus – Includes online menus if consumer can order online/phone – Kiosks used to order made-to-order subs

• Does not include: sale signs that don’t meet the definition and

scale labels for items listed on a menu or menu board

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Do grocery store newspaper circulars with restaurant type foods need to have calories, succinct statement, and statement availability printed in the circular?

• No, unless the newspaper circulars are a primary writing from

which a consumer makes a purchase decision.

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For pre packed sushi in the grocery store, the scale labels don’t need nutritional or calorie info?

• Three options for self-service foods or foods on display:

– Place the calorie information on a sign adjacent to and clearly associated with the food for which the calories are provided – Provide the calorie information on a sign attached to the sneeze guard – Place the calorie information on a single sign or placard listing the calorie declaration for several food items along with the names of the food items

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Resources:

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• The final guidance document is available online at FDA.gov at:

http://www.fda.gov/food/guidanceregulation/guidancedocuments regulatoryinformation/ucm461934.htm

• Additional questions may be submitted to our menu labeling inbox

at: CalorieLabeling@fda.hhs.gov

CalorieLabeling@fda.hhs.gov

Questions?

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