July 22, 2010

The U.S. Food and Drug Administration (FDA) is accepting public comment regarding the implementation of a federal law that requires the posting of calorie content and other nutrition information on menu items at some restaurants and vending machines.

The new law, Section 4205 of the Affordable Care Act, requires restaurants and similar retail food establishments, which are part of a chain with 20 or more locations, to list calorie content information on menus and menu boards, including drive-through menu boards.

Additional nutrient information must be provided, in writing, upon request. The act also requires vending machine operators who own or operate 20 or more vending machines to disclose calorie content for certain items.

While smaller restaurants and vending machine operators are not subject to the new federal law, they can still voluntarily register with the FDA. By doing so, restaurants will no longer be subject to state or local nutrition labeling requirements, unless those requirements are identical to federal requirements. However, this provision does not apply to vending machine operators, since under Section 4205, no state or locality may have a requirement concerning vending machines that is not identical to the federal requirements.

The FDA will issue proposed regulations by March 23, 2011. Public comments must be received by September 7, 2010.

Link to Federal Register. (FDA)