Counting Calories? The FDA Is Requiring Food Facilities To Help You

It's official. Some may view it as unwelcome, but the FDA's November 25th final ruling, which requires that calorie count information be revealed on many of our favorite foods eaten away from home, is now the law. Covered food establishments affected by the law will have to comply within a year (around December 1, 2015).  The ruling will apply to many of our most popular low-priced dining spots.  Let's find out what types of food sellers will be affected, which will be exempt, and why the FDA and many consumers feel that this ruling is necessary.

What food businesses will be affected by this final ruling?

The final ruling applies to restaurants and similar retail food establishments if they are part of a chain of 20 or more locations, do business under the same name, and sell substantially the same menu items.  "Big box" stores that serve food (for example, Target and Costco) must also comply.  Food establishments covered by the law will be required to clearly and conspicuously display, next to the name or price of the item, calorie information for standard items on menus and menu boards. No other nutrition information is required (for example, fat content) on menus, but other nutrition facts (about fats, sodium, carbohydrates, fiber, sugar, and protein) must be available to consumers who request it.

The New York Times points out, "The rules are far broader than consumer health advocates had expected." Let's look more specifically at what's covered and where.

pizza:  The calorie counts can refer to the whole pizza or to one slice. They must apply to pizza whether eaten at the restaurant, carried out, or delivered.  If the information is about a slice of pizza, then consumers must also be told how many slices are in the whole pizza. The law allows some flexibility for calorie counts of pizza toppings.

alcohol: The calorie count is required on some alcoholic beverages served in covered food establishments and listed on the menus, but the  rules provide flexibility on meeting this provision.

entertainments venues: This category includes movie theaters and amusement parks. Consumers will find out (to their dismay, no doubt) how many calories are in that gigantic box of popcorn.

ice cream parlors: Calorie count is required for a scoop of ice cream, a sundae, or a milk shake sold in an ice cream parlor.

vending machines: The rules require those who own or operate 20 or more vending machines to disclose calorie information on  the  food sold from these machines, subject to some exceptions.  Vending machine operators will have 2 years to comply.

some prepared foods in supermarkets: This includes made-to-order sandwiches listed on a menu board or menu.

food bars: This includes food consumers serve themselves from a salad or hot food bar.

To help consumers understand the meaning of the calorie count, menus and menu boards must post the following statement: "2,000 calories a day is used for general nutrition advice, but calorie needs vary."

Some restaurants and other food service facilities are already posting the calorie counts either voluntarily or because they must do so to comply with state or local laws.  

What establishments are exempt from the ruling?

The rules do not apply to independent restaurants, bars, and grocery stores.  Nor do they apply to food trucks, ice cream trucks, and food served on airplanes.

In restaurants that must comply, the law exempts these edible items: seasonal and holiday specials, temporary menu items, daily specials, and condiments typically on the counter or table. 

Why do consumers need this info?

These statistics suggest that we need information about calories in the foods we eat away from home:

• Two-thirds of Americans are obese or overweight.
• About 1/3 of the calories consumed by Americans are eaten outside the home.
• NBC reported that, according to the American Cancer Society, 1/4 to 1/3 of all cancers are caused by "poor nutrition, physical inactivity, and excess weight."
• NBC also reported this: According to the Centers for Disease Control and Prevention, 60% of adults use information about calories to make their food choices. 

Finalizing these rules has been a difficult issue for the FDA to bite into.  The FDA has been working on them since 2010 when the Affordable Care Act required labels on restaurant food. During the comment period on this law, the FDA had to deal with more than 1,000 comments from the food industry (restaurants, grocery stores, food industry associations) and consumer groups. 

The FDA hopes that, high calorie numbers will encourage diners to skip the pizza and dig into the salad bar. Other beneficial outcomes would be these: perhaps they will encourage restaurants to create entrée options that are lower in calories and equally (or even more) delicious than pizza or jumbo burgers with fries.  Lowering calorie counts can also be accomplished by cutting portion size or switching to lower-calorie ingredients.  Will these changes influence consumers and give the U.S. a less weighty population?  Eventually, we'll find out.

Interested in the history of this ruling?   Want to know if calorie counts on restaurant menus are accurate and if they really affect consumers' food choices?  These Shelf Life Advice articles provide some preliminary answers:

What are federal agencies up to these days? Fighting Obesity, Monitoring Radiation, and Investigating an Outbreak

Should You Believe the Calorie Counts on Restaurant Menus? Are You Even Noticing Them?

Recent Research on Salt, Fast Food, and Calorie Counts

The two final rules are available in the Federal Register. For more information about the FDA ruling, click on the links below:

• Final Rule: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments
• Final Rule: Calorie Labeling of Articles of Food in Vending Machines

For More Information

• Menu and Vending Machine Labeling Requirements
• Consumer Update: How Many Calories? Look at the Menu
• FDA Voice blog: Providing Consumers More Information with Menu and Vending Labeling

Source(s):

fda.gov "FDA finalizes menu and vending machine calorie labeling rules"

http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm423952.htm

nytimes.com "F.D.A. to Require Calorie Count, Even for Popcorn at the Movies"

http://www.nytimes.com/2014/11/25/us/fda-to-announce-sweeping-calorie-rules-for-restaurants.html?_r=0

nbcnews.com "New FDA Calorie Label Rules Include Pizza, Popcorn"

http://www.nbcnews.com/health/diet-fitness/new-fda-calorie-label-rules-include-pizza-popcorn-n255291

inquisitr.com "Menu Calorie Counts Required In FDA Rules From Pizza Parlors to Movie Popcorn"

http://www.inquisitr.com/1634703/menu-calorie-counts-required-in-fda-ruling-from-pizza-parlors-to-movie-popcorn-video/