SACRAMENTO CALIF. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Meanwhile, as the historic menu-labeling legislation was sent to Gov. Arnold Schwarzenegger along with hundreds of other 11th-hour measures, lawmakers in Los Angeles were weighing a proposed obesity-based ban on more fast-food openings in large parts of the city. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
The legislative activity aimed at curbing the growing problem of obesity had foodservice operators in trend-setting California biting their nails as public debate over the government’s role in diet and health raged on nationwide. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
At presstime, the legislation requiring chains with 15 or more units in California to list a range of dietary information on their menus had not been acted upon by the governor, who is a former upscale-restaurant proprietor and investor in the Planet Hollywood chain. Schwarzenegger faced a deadline of Oct. 12 to sign or veto the measure, though a decision to do neither would result in the bill becoming law. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Barring a veto, the restaurants starting July 1, 2009, would have to make on-menu disclosures of calories, grams of saturated fat, grams of trans fats, milligrams of sodium and grams of carbohydrates for each regularly offered food item. Restaurants that use menu boards would only be required to display calorie counts but would have to make the other information available in printed form at the point of purchase. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Similar bills are pending in at least five other states, according to the National Restaurant Association. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
In Los Angeles, the city planning commission was scheduled to begin discussions last week on a proposal by City Council member Jan Perry to enact a two-year moratorium on the development of quick-service restaurants in South Los Angeles neighborhoods that are known to have high rates of obesity among their 700,000 residents. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Nicknamed “health zoning,” the moratorium would restrict new quick-service eateries from opening while the City Council considered incentives to attract more full-service restaurants and grocery stores into the largely African-American and Hispanic areas. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
One victory for opponents of “nanny state” regulation was the death—at least for now—of a state Assembly bill that sought to require foodservice establishments to phase out trans fats from their kitchens. AB 97 failed on an 18-22 vote in the state Senate after previously passing the Assembly on a 42-31 vote in June. Sponsors pledged to resurrect the initiative in the next regular legislative session, beginning in January. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Restaurant operators also are keeping a close watch on ongoing efforts to provide health insurance for all California residents during a special add-on session of the Legislature called by Schwarzenegger this month. He ordered the session in order to reach a compromise on so-called universal coverage, after he vowed to veto a newly passed bill that would impose a 7.5-percent payroll tax on employers who don’t provide health insurance. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Schwarzenegger earlier had proposed funding universal health insurance through a 4-percent payroll fee on companies that don’t provide coverage, and through contributions from individuals, doctors, hospitals, insurers and state and local governments. This month he said his goal for the special session was a plan that could be placed on the Feb. 5 ballot for voter ratification. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
An alternative funding method backed by the California Restaurant Association is a proposed 1-cent supplemental sales tax, which the CRA calls the most equitable way to pay for the health care reform. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
The menu-labeling bill, however, would have the more immediate impact on restaurant chains operating in California. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Even before the governor made clear his intentions on signing or vetoing the measure, officials of the state restaurant association said they were weighing a legal challenge. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Restaurants with menu boards would be required to post calorie information in a “clear and conspicuous” typeface and have the other information on fat, trans fat, carbohydrates and sodium available in writing at the point of sale. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Full-service restaurants that would be required to list all the data on menus would also have to include the phrase, “Recommended limits for a 2,000-calorie daily diet are 20 grams of saturated fat and 2,300 milligrams of sodium.” Restaurants may add a disclaimer noting that variations in the nutrition data may occur depending on special orders, serving sizes and other factors. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Excluded from the disclosure rule were limited-time specials, alcoholic beverages, condiments, and certain foodservice facilities, such as restricted hospital dining rooms, schools and grocery stores. Violations would be punishable by fines of $50 to $500, depending on the local enforcement agency. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Jot Condie, the CRA’s president and chief executive, urged the governor to veto the bill, saying it would make restaurant operators vulnerable to lawsuits if nutrition information were found to be more than slightly incorrect. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
“This legislation places an onerous and intrusive burden on restaurateurs that will have no effect on obesity rates and opens the door for frivolous shakedown lawsuits,” Condie said. “This bill is just a legislative feel-good Band-Aid that ignores the true issue behind obesity while punishing restaurants.” —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
According to the National Restaurant Association, legislation or proposed regulations calling for some form of menu labeling was introduced in 21 states and local jurisdictions this year. So far, two jurisdictions had adopted menu-labeling rules. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
The first was New York City, where a federal court earlier this month invalidated a regulation calling for the posting of calorie data, saying it conflicted with federal standards for nutrition disclosure because it applied only to outlets that previously have disclosed calorie contents. The court’s ruling, however, was seen as clarifying for New York and other jurisdictions how to draft menu-labeling rules that would conform to federal standards. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Seattle-anchored King County in Washington also approved a menu-labeling ordinance earlier this year that will apply to chains with 10 or more outlets, beginning next August. The Washington Restaurant Association, or WRA, also is considering a legal challenge. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
“We are hopeful that the findings in New York City will compel the King County Board of Health to come back to the table and work in partnership with the industry,” said Anthony Anton, the WRA’s president and chief executive. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
In Los Angeles, the proposed two-year moratorium on quick-service restaurants, first proposed in June, was scheduled to be addressed by the planning commission Sept. 18, but would not likely come before the City Council until November at the earliest. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
Los Angeles County health officials have estimated that 30 percent of adults and 29 percent of children in South Los Angeles are obese, compared with 20.9 percent of adults and 23.3 percent of children countywide. South Los Angeles residents also have higher rates of diabetes. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.
A Los Angeles Times study of the city’s nearly 8,200 restaurants—out of some 20,000 in the county—found that South Los Angeles has the highest proportional concentration of quick-service eateries on a per-capita basis, though those parts of the city have fewer eating establishments overall when compared with downtown, Hollywood, the Westside and the San Fernando Valley. —California this month was poised to become the first state to require restaurants to list dietary data on their menus, but its Legislature simultaneously refused to ban trans fats from eateries in the closing hours of its regular session.