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Navigating the menu labeling pros and cons

Restaurant operators need to be aware of how FDA regulations apply to restaurants because they are now competing against companies that are being held to the same menu labeling standard.

March 13, 2015 by Betsy Craig — pres, menutrinfo.com

The foodservice industry is now well aware of the menu labeling regulations passed down by the Food and Drug Administration, but there is still a lot of concern and confusion lingering as to what is expected from restaurant operators. Many of these fears sprung from the surprises that were released with the final regulations.  

In my post from November, I discussed how the regulations impacted alcohol, but convenience stores, grocery stores, catering menus and the highly customizable options served at pizzerias are also impacted.

Restaurant operators need to be aware of how the regulations apply to each because they are now competing against companies that are being held to the same menu labeling standard. The good news is that this levels the playing field, yet it may also cause consumers to question nutritional calculations because they will start to see these numbers everywhere. 

Consumers will have more opportunities to compare nutritional labels from a variety of foodservice operators, and they will respond accordingly with their purchasing dollars. They will also have the opportunity to review nutritional labels for information on allergen- or gluten-free items. The foodservice establishments that cater to diners with special dietary needs will come out on top with a crowd of diners who keep coming back for more.

Below is a list of the several surprises we have come across as detailed in the FDA's ruling. Before you think that these few regulation "gotchas" do not apply to your foodservice operation, think again. The competition is heating up.

Alcohol – All alcoholic beverages must be labeled if they are included on the menu, which includes all prepared cocktails as well as wine and beer lists. While the nutritional labeling of alcohol is not an industry requirement, the Bureau of Alcohol, Tobacco and Firearms does have voluntary guidelines in place for manufacturers to follow. If nutritional information is not readily available for a specific brand of alcohol, the FDA will allow sources such as the USDA Nutritional Database for Standard Reference to be used in its place. Calorie ranges can be used for wine and beer lists if individual varieties are not listed. 

Convenience stores and grocery stores – One big debate in regard to menu labeling over the past four-plus years has been exactly which foodservice entities would be covered under the guidelines. Convenience stores and grocery stores were especially resistant to accepting the guidelines, but ultimately were included in the final ruling. Menu labeling now encompasses restaurants and "similar retail food establishments" which, in addition to c-stores and grocery stores, includes amusement parks, sports stadiums, confectionary shops, delis and many more.

Catering –The final menu labeling regulations, as determined by the FDA, are for any standard menu items sold by a covered establishment that are eaten on the premises, while walking away or soon after arriving at another location. If a covered establishment has a standard catering menu, the fact that it’s meant to serve a group of people at a later date does not matter in the eyes of the FDA. Regardless of how many people it is meant to serve or when the food is ordered vs. when it’s picked up has no bearing on this rule, and catering menus must comply with the standard menu labeling regulations. If it is a menu item, has a name and a price, it needs to have calories listed and additional information available upon request. 

Pizzerias – While menu labeling may be relatively straightforward for a burger joint or steakhouse, it starts to get a little trickier as soon as more customization is involved. In the final regulations, the FDA has eased up on some of the guidelines when it comes to pizzerias. If a pizza is served to a customer pre-sliced, pizzerias have the option of listing the calories on their menus and menu boards per slice, as long as the total number of slices per pizza is also declared. There are very specific guidelines in place as to how restaurants and similar retail establishments serving pizza must list build-your-own pizzas, to easily demonstrate to the guest the steps he or she must take to get the final caloric value of their custom pizza. 

As always, my team is ready to answer any questions about menu labeling and the new regulations as they apply to any foodservice establishment. We want to enable foodservice operators to flip the fear and are always here to help. 

Photo courtesy of Benjamin Lee.

About Betsy Craig

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To date MenuTrinfo is responsible for menu nutritional information at over 100K US restaurants, food allergy and gluten free ANAB accredited training for hundreds of thousands of food service professionals. AllerTrain is the chosen food allergy training by NEHA providing continuing educational credit hours for those that take and pass its course. Finally, MenuTrinfo delivers food allergy confidence and allergen transparency to today’s food allergic consumer through its onsite division offerings, AllerCheck, Certified Free From allergens for spaces and food products which is an ISO 17065 certification and expert consultation and incident response support when needed.

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