Federal Restaurant Labeling Requirements

The Patient Protection and Affordable Care Act is a federal statute that was signed into law on March 23, 2010. Along with the Health Care and Education Reconciliation Act of 2010 (signed into law on March 30, 2010), the Act is the product of the health care reform agenda.

One provision of this Act requires restaurants or similar food establishments that are part of a chain with 20 or more locations (regardless of the ownership of the 20 locations) to disclose, with certain exceptions, nutritional information. The new law requires covered restaurants to display the number of calories contained in standard menu items on the menu listing the item for sale and on menu boards (including drive-thru). This information also must be available in a written form on the premises and the menu listings must indicate that this information is available on premise. Restaurants also must display a succinct statement concerning suggested daily caloric intake, as specified by the Secretary of Health and Human Services by regulation, to enable the public to understand the significance of the provided nutrition information.

Covered restaurants will have to comply with the Act’s labeling provisions when the Food and Drug Administration completes its implementing regulations. The FDA’s proposed regulations must be published by March 20, 2011. The Act required these provisions to be fully implemented by January 1, 2014.