New York City Moves Ahead with New Menu-Labeling Rules

New rules would apply to chain convenience and grocery stores.

May 22, 2017

NEW YORK CITY – New York will become the first U.S. city to require chain food retailers and restaurants to post calorie counts and full nutritional information.

In a press release issued last week, Mayor Bill de Blasio announced that all New York City chain food retailers offering prepared foods, or "restaurant-type foods," will be required to post calorie counts on menu boards. In addition, chain restaurants and retailers will be required to have full nutritional information, not just calories, for standard menu items available on site, and they will have to post a statement about the daily recommended caloric intake of 2,000 calories. This rule is required for all chain restaurants with 15 locations or more in New York City, affecting approximately 3,000 restaurants and about 1,500 food retailer chains.

Starting May 22, the Departments of Health and Consumer Affairs will begin enforcing the updated calorie labeling rules by educating businesses during regular inspections. On August 21, both agencies will begin issuing notices of violation subject to fines for not following the updated rule. Chain restaurants and food retailers that are not in compliance will be subject to fines ranging from $200 to $600.

"Who hasn't grabbed a prepared meal when you're out running errands?" said DCA Commissioner Lorelei Salas. "We are proud to join the Health Department in taking a national lead in enforcing this law as part of our patrol inspections of chain food service establishments, like convenience and grocery stores."

In 2008, New York City became the first jurisdiction to require calorie labeling in chain restaurants. In 2015, New York City updated its longstanding Health Code rule requiring chain restaurants to post calorie information for menu items, but delayed enforcement in anticipation of an identical federal rule.

Earlier this month, the U.S Food and Drug Administration extended the compliance date of its final menu-labeling rule until May 7, 2018, but New York City has decided to enforce its calorie labeling rules, which bring convenience and grocery stores into the fold. The city’s updated calorie labeling rule will require calorie information about prepared foods sold in chain convenience stores and grocery stores.

Additionally, the rule requires a new statement on menus and menu boards at all chain restaurants, chain convenience stores and grocery stores to give more information about calorie needs. The statement reads: "2,000 calories a day is used for general nutrition advice, but calorie needs vary."

Additional nutrition information about menu items will need to be made available onsite upon request, including total calories, calories from fat, total fat, saturated fat, transfat, cholesterol, sodium, total carbohydrates, dietary fiber, sugar and protein.

More information on the city’s new calorie labeling requirements are posted at nyc.gov/health/foodservice.

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