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By Paul  Frumkin

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WASHINGTON (June  10, 2009) A negotiated bipartisan agreement by three U.S. lawmakers that combines key elements of two existing Senate menu-labeling bills is drawing wide praise from inside and outside the industry.

Sens. Tom Harkin, D-Iowa, Tom Carper, D-Del., and Lisa Murkowski, R-Alaska, reached an agreement to support a single uniform national nutrition standard based on two bills: the Labeling Education and Nutrition, or LEAN Act, and the Menu Education and Labeling, or MEAL, Act.

Under terms of the agreement -- which was crafted with the participation of members of the foodservice industry -- the measure would preempt all existing state and local menu-labeling requirements, and protect operators from frivolous litigation concern over the accuracy of nutrient content disclosure.

According to the agreement, chains with 20 units or more would post calorie counts for standard items on menus and menu boards as well as calories per serving for each item on a buffet and salad bar. Standard menu items must be offered for at least 60 days per calendar year and would not include daily specials, custom orders and test market items on the menu for less than 90 days.

In addition, restaurateurs would be required to post a brief statement regarding daily caloric intake, and advise guests that additional nutrition information is available. Other nutrition data -- which must be available on request -- would include calories from fat, total fat, saturated fat, cholesterol, sodium, carbohydrates, sugars, dietary fiber and protein.

The measure must next be taken up by the full Senate and House. At press time, it was unknown whether the measure would be incorporated as language inserted in Harkin's health care bill or would emerge as a standalone bill.

Previously, members of the foodservice industry had favored the LEAN Act over the MEAL Act because it provided for more flexibility in the posting of nutritional information and would have superceded the numerous mandates already in effect.

By Paul  Frumkin

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Lawmakers in Oregon, Connecticut and Maine recently approved statewide menu labeling measures, joining California and Massachusetts. Other states considering measures include Oklahoma, Indiana, Florida, Hawaii, Kentucky, Minnesota, New York and South Carolina.

Other jurisdictions that have passed their own menu-labeling regulations include New York City, Westchester County in New York, King County in Washington, and Philadelphia.

Dawn Sweeney, president and chief executive of the National Restaurant Association, thanked the senators "for their bipartisan leadership and for recognizing the importance of legislation that meets the needs of both the restaurant industry and our customers. We look forward to working with Congress to enact this legislation, which provides caloric information on the menu and additional information, such as sodium and carbohydrates in other accessible formats."

Jack Whipple, president of the National Council of Chain Restaurants, also applauded lawmakers for creating a single uniform, national standard, "which will help customers make educated, informed decisions about what they choose to eat."

The Coalition for Responsible Nutrition Information, which includes the NRA and NCCR, called the agreement "the first step to baring consistent nutrition information to consumers after years of previously unsuccessful attempts."

The agreement even found favor with the Center for Science in the Public Interest. "We're delighted to be working with the restaurant industry on legislation that will ensure that calories be listed on their menu and menu boards," said Margo Wootan, CSPI's nutrition policy director. 

"We are pleased that industry, government and the public health community were able to come together and partner to reach a workable solution to this important issue," said Clarence Otis, chairman and chief executive of Darden Restaurants in Orlando, Fla., in a statement. "As a member of the executive committee of the Coalition for Responsible Nutrition Information, we look forward to working with all parties to pass this significant piece of legislation."

Rep. Rosa DeLauro, D-Conn., a sponsor of the MEAL Act in the House, also praised the agreement, saying, "I want to congratulate the Center for Science in the Public Interest and the restaurant industry for negotiating in good faith and for their hard work in reaching this agreement."

Contact Paul Frumkin at pfrumkin@nrn.com.