WASHINGTON As expected, Sen. Thomas Carper, D-Del., has introduced a federal bill that would require units of restaurant chains with 20 or more stores nationwide to post calorie counts and offer additional nutrition data at the point of sale.
Unlike previous attempts to mandate nutrition disclosure by restaurants on a federal level, the proposal Carper introduced Thursday is supported by the National Restaurant Association and other restaurant groups. The industry advocates note that a federal bill would pre-empt a spreading patchwork of varying state and local menu-labeling mandates.
The measure provides a year for drafting the regulations, a year for gathering input and suggested revisions from the industry, and six months for restaurants to comply. However, state and local laws would be pre-empted immediately upon enactment of the federal bill into law, according to industry officials who studied the measure.
Co-sponsored by Lisa Murkowski, R-Alaska, the Labeling Education and Nutrition Act, known as LEAN, is intended to counter rising obesity levels by providing standard nutrition information for prepared foods, similar to the nutrition labels required for packaged grocery items.
In introducing the bill, Carper cited the menu-labeling mandate in New York City, which was enacted this year. A similar bill on the desk of California Gov. Arnold Schwarzenegger would pre-empt ordinances adopted in San Francisco and nearby Santa Clara County. Metropolitan areas such as Seattle and Portland, Ore., are expected to begin enforcing disclosure mandates in January. The rules are somewhat different from jurisdiction to jurisdiction.
“As a former governor, I know there are issues that can and should be handled at the state and local level, but healthy nutrition and obesity are national issues that cry for a national solution, and our bipartisan legislation provides a platform to gather everyone to the table and begin that national discussion,” said Carper. “This bill is not going to magically solve our obesity problems, but I do believe we have a responsibility to give Americans, more and more of whom are eating outside the home these days, the tools they need to make healthy, educated choices.”
Under the proposal, chain restaurants and grocery stores using menu boards would be required to disclose calorie counts either on the menu board, a sign next to the board or on a poster that consumers can read while in line.
Restaurants with menus must list calories either directly on menus, or provide the information on an insert, appendix or supplemental document.
Regardless of how they listed menu choices, the applicable chain restaurants would be required to make available upon request additional information on 10 other nutrients for each regular menu item. The information, mirroring what is required for packaged foods, would have to be provided in writing at the point of sale.
The bill includes language that protects restaurants from liability if they comply with the law.
