STANDISH, Maine – U.S. Senator Angus King (I-ME) is on a mission: to help restaurants and other foodservice businesses comply with the menu-labeling rules under the Affordable Care Act. To do so, he supports legislation that seeks to simplify the regulations, the Portland Press Herald reports.

The menu-labeling regulations mandate that chains with 20 or more locations, including convenience stores and supermarkets, must provide nutrition data for standard menu items. Many QSRs and other chains are happy that the proposed regulations would bring order to the current mix of local and state rules.

But pizza chains, such as Domino’s, among other chains, have expressed concern that the rules will cause confusion and create a burden on restaurants to comply. NACS is concerned that the regulations could require convenience stores, where prepared food is just one of many items, to install expensive menu boards and unnecessarily endure costly regulatory burdens. The U.S. Food and Drug Administration (FDA) has been drafting the rules for several years with a final version yet to be released.

King supports the Common Sense Nutrition Disclosure Act (S. 1756), authored by U.S. Senator Roy Blunt (R-MO), that would allow pizza restaurants to have more elasticity in nutritional information, as well as exclude most convenience store and supermarket chains. In the House, Reps. Cathy McMorris Rodgers (R-WA) and Loretta Sanchez (D-CA) have introduced a similar proposal (H.R. 1249), which has more than 52 supporters.

“Regulations play an important role in keeping people safe, but we have to ensure they are smart, targeted and effective,” said King. “Otherwise, they will only stifle economic growth.”

The bills are a warning to the agency that Congress is ready to correct any unreasonable rules the FDA might put forth, said Lyle Beckwith, NACS senior vice president of government relations. “They are geared up, and they want the FDA to know they are geared up to move something if they get it wrong,” he said.

NACS POSTION
The health-care law includes a provision that calls for a national, uniform nutrition-disclosure standard for foodservice establishments. Regulations implementing this provision would create rigid requirements that pose an unreasonable burden on many businesses, particularly convenience stores.

NACS supports the Common Sense Nutrition Disclosure Act (H.R. 1249/S. 1756), which outlines a less burdensome approach to menu labeling and includes language addressing the types of retail locations that are covered by federal menu-labeling requirements. The legislation limits the nutrition disclosure provision to only those establishments that derive 50% or more of their revenue from food that is intended for immediate consumption or prepared and processed on-site. Prepackaged food would not be considered in this equation.

For those convenience stores that would be covered by federal menu-labeling requirements, the Common Sense Nutrition Disclosure Act provides more flexibility with compliance. Retailers could select from several approaches in providing calorie information. For instance, pizza sellers could provide calories per slice or for the whole pizza. The legislation also would allow retailers more flexibility in providing calorie ranges as opposed to a specific number, which is often more difficult to define with made-to-order food.

To support NACS efforts on behalf of common-sense legislation and regulations, join your industry colleagues at the 2014 NACS Government Relations Conference and Day on Capitol Hill to make sure your elected officials support your interests in Congress.