menu calorie labeling & new requirements for supermarkets20calorie... · confidential and...

Menu Calorie Labeling & New Requirements for Supermarkets

Confidential and Proprietary © 2014 VestcomConfidential and Proprietary © 2014 VestcomConfidential and proprietary © 2015 Vestcom

•  Overview of the new FDA regulation •  Acceptable methods for determining calorie

values •  Required documentation for FDA compliance

•  Integrating menu labeling into your wellness platform

Outline of presentation


•  The standard reaction:

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What does this new regulation mean for your retailer?

Confidential and Proprietary © 2014 VestcomConfidential and Proprietary © 2014 Vestcom

•  Requires restaurants and similar retail food establishments with 20 or more locations under the same name, that offer similar menu offerings, to offer nutrition information by December 1, 2015.

•  The definition of a restaurant–type food means that the food is either: –  Eaten on the premises, while walking away, or shortly after arriving at a

location

•  The nutrition information is required on standard menu items, including self-service items and foods on display.

https://www.federalregister.gov/articles/2014/12/01/2014-27833/food-labeling-nutrition-labeling-of-standard-menu-items-in-restaurants-and-similar-retail-food#h-49

Nutrition Labeling Compliance with the Affordable Care Act 101.11(a)


•  Hot buffet food, such as hot soup & food from a salad bar

•  Self-service foods that are intended for individual consumption:

•  Wraps, sandwiches, panini's at a deli counter, pizza by the slice, bagels, donuts, muffins and rolls offered for individual sale.

Foods Required to be Labeled


•  Foods to be eaten over several occasions: •  Ex: A whole cake, a bag of cookies, or a loaf of bread

•  Foods that are usually further prepared after purchase: •  Ex: Deli meats & cheeses

•  Foods sold by weight: •  Ex: Potato salad or chicken salad

•  Certain foods bought from bulk bins: •  Ex: Dried fruit & nuts

Foods Not Required to be Labeled


•  Condiments, such as ketchup on a table

•  Daily specials

•  Custom orders

•  Foods that are part of a test market

•  Temporary menu items, such as seasonal items offered for sale less than 60 days per year or fewer than 90 consecutive days

Foods Not Required to be Labeled


•  An item is considered to be “custom” when it deviates from the “standard menu item”. –  Example: Meat lovers pizza has beef, sausage & pepperoni. The

customer says “Hold the pepperoni.” You don’t have to have the calories available for the meat lovers pizza minus the pepperoni.

•  However, if your standard item is pizza and you pick the three toppings (build your own), then you must have calories for all three toppings available.

What is a “Custom” Order?


According to this ruling, calories and nutritional values can be determined using any of the following methods:

•  Laboratory Analysis

•  Nutrition Fact Panels (as provided by vendors/manufacturers)

•  FDA nutrient values for raw fruits & vegetables •  Appendix C of part 101

•  FDA nutrient values for cooked fish •  Appendix D

•  USDA nutrient database

•  Cookbooks

Acceptable Methods for Determining Calories


Calories declarations will be allowed per discrete unit and per serving such as:

•  Calories in a total pizza, plus calories in each slice of pizza (pizza pie: 200 cal/slice, 8 slices; breadsticks: 150cal/stick, 5 sticks)

•  If there are multiple sizes of a product (small, medium, or large fries), calorie counts must be present for all sizes.

•  For fountain drinks, you must list size and fluid ounces, “140 calories per 12 fluid ounces (small)”

Calorie Declarations


Covered establishments are permitted to declare calories either:

•  On a printed menu

•  On signs adjacent to the food

•  On a sign attached to a sneeze guard

•  On a single sign or place card

The following statement must also be on all forms of menus or menu boards:

–  “Additional nutrition information available upon request”.

Documentation: Location of Calorie Postings


•  “Additional nutrition information available upon request”

•  Nutrients required to be available include: •  Total calories

•  Calories from fat

•  Total fat

•  Saturated fat

•  Trans fat •  Cholesterol

•  Sodium

•  Total carbohydrate

•  Dietary fiber

•  Sugars

•  Protein

Documentation: Additional information required


The following statement is required to enable consumers to understand the context of calories in the daily diet:

•  “A 2,000 calories a day is used as the basis for general nutrition

advice; but calorie needs vary”

For a children’s menu, there is the option of using one of the following calorie statements:

•  “1,200 to 1,400 calories a day is used for general nutrition advice for children ages 4 to 8 years, but calorie needs vary”.

or •  “1,200 to 1,400 calories a day is used for general nutrition advice for

children ages 4 to 8 years and 1,400 to 2,000 calories a day for children 9 to 13 years, but calorie needs vary”.

Additional Statements Required


•  The number of calories must be listed adjacent to the name or the price of the associated standard menu item, in a type/font size no smaller than the size of the price of the associated standard menu item.

•  The term “Calories” or “Cal” must appear as a heading above a

column listing the number of calories on a menu board.

•  The calories must be declared to the nearest 5- calorie increment up to and including 50 calories and to the nearest 10-calorie increment above 50 calories. Amounts less than 5 calories may be expressed as zero (0).

•  Calories greater then 999, require using a comma = 1,000

Documentation: Format for Listing of Calories


•  Entrée with two side options: Sandwich with a side salad or chips (ex: 350/450 calories)

•  Entrée with three side options, use a calorie range: •  Ex: Sandwich with chips, a side salad or fruit (350-500 calories)

•  Standard entrée menu items will be declared with a total calorie declaration:

•  Ex: Pancakes with eggs, bacon, pancake syrup and butter (1,000 calories)

•  In a mix and match situation such as “Combine any sandwich with any soup or salad for $8.99”:

•  If the calories are all listed separately for all items on the menu, then it is not necessary to have a range of calories for all options.

Declaring Calories of Combination Foods


•  All retail establishments must ensure that its nutrition labeling is truthful and not misleading and that it has a “reasonable basis” for its nutrient content disclosures.

•  To ensure “reasonable basis”, FDA expects retailers to maintain documentation of the methodology used to determine nutrient content, as well as the recipe and ingredient information for each item. The FDA can ask a retailer to provide this information at any time in order to demonstrate compliance.

•  Also, if any nutrition claims are made on a retail product, then the entire nutrition facts panel will be required at point of sale.

Documentation: FDA Expectations

Incorporating Menu Labeling into Your Wellness Platform


Preparation & Reputation is everything


Avoid bad press – get it right the first time


Required In-Store Elements Marketing Elements

•  Menu Calorie Statements

•  Pamphlets or other readily-available resources that list full nutrition information by item

•  Calorie statements at point of purchase if no menu (salad bar items, etc)

•  Essentially, tell your shoppers how awesome you are! –  Update wellness program

materials to reflect how your retailer is listing calories in store

–  Provide calorie information on website

–  Incorporate into social media

–  Leverage circular, in-store radio

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You’re retailer is ready – now what?


•  healthyAisles has a solution to help retailers meet December 1, 2015 deadline for Menu Calorie Labeling requirements

•  We cover all facets: –  Recipe nutrient analysis

–  database management, data warehousing

–  tags

–  signs

–  healthyAisles database & attributes

•  Contact Monica for more details

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Vestcom can help with your efforts

Confidential and Proprietary © 2014 VestcomConfidential and Proprietary © 2014 VestcomConfidential and proprietary © 2015 Vestcom 22

Bring on the questions!

Thank you!This document contains proprietary and confidential information intended for the sole use of the individual or entity to which it is being presented.

You are hereby notified that any dissemination, distribution, use or copying of this document is strictly prohibited.

Monica Amburn, RD, LDN Senior Director Health &

Wellness [email protected]

Patty Packard, MS, RD Director of Regulatory Nutrition

[email protected]

THANK YOU!

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