WASHINGTON – “One major problem with Obamacare that the president failed to mention in his State of the Union address is pending regulations that could make food more costly,” writes Liz Thatcher in a Washington Times op-ed.

Thatcher, an adjunct scholar with the Competitive Enterprise Institute, writes that the health-care law’s menu-labeling provision is an “intrusive regulation” that would be passed on to consumers via higher prices — “the last thing we need in a struggling economy” — noting that legislative relief is possible through the
Common Sense Nutrition Disclosure Act of 2013 (H.R. 1249/S. 1756).

“On top of the burdensome costs they impose, the existing Obamacare menu regulations do not take into account whether customers will even see the menu boards. …Moreover, the bill benefits restaurants, giving them the flexibility to choose how they display offerings’ calorie counts. Those that already display the information online wouldn’t have to post physical signs,” Thatcher writes. 

The government is expected to issue final menu-labeling regulations in February. Stay tuned to NACS Daily for more.

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.