Ordering an entrée, beverage, or dessert at a restaurant can sometimes turn into quite an ordeal: Should you go with the chicken or the fish? The exorbitantly priced umbrella drink or the more economical pint of beer? And who hasn’t heard that all-important question, “You want whipped cream with that?”
Thanks to a new federal law, ordering food at restaurants, coffee shops, and even movie theaters could get a lot easier. Or it could get a lot more complicated. It all depends on how you look at it.
Section 4205 of the Affordable Care Act requires restaurants and other retail food establishments with 20 or more locations offering similar food items to list calorie content information on their menus and menu boards. That includes drive-through menu boards. Vending machine operators who own or operate 20 or more vending machines must comply with the law as well.
The law, which was passed in March of this year, also requires chains to offer other nutritional information (total fat, saturated fat, sodium, etc.) in writing upon request.
On July 7, the U.S. Food and Drug Administration sent out a press release soliciting comments from the public and additional information to help the agency best implement the law. The FDA must issue its proposed regulations by March 23, 2011.
In a recent interview with the Sun, FDA spokesperson Siobhan DeLancey said her agency is planning to release guidelines to help food industry members comply with the act.
“Technically, the bill went into law as soon as it passed, but we realize that this is something that’s going to take a while,” DeLancey said.
Businesses impacted by the new legislation will have a grace period of several months in which to make the changes to their menus.
The FDA is also opening up the regulations to smaller businesses operating in states or cities with stricter labeling laws, such as New York or Philadelphia.
“This law will apply to anywhere you get prepared food,” DeLancey explained. “It could be the prepared food samples you see on display in grocery stores or hot dogs from the 7-Eleven on the corner.”
The goal of the law, she said, is to “give [consumers] the tools they need to manage their diets.”
So what do people in the food industry think of the new requirements?
In an e-mail to the Sun, a Starbucks spokesperson said, “Starbucks supports a national menu labeling standard as an important component in helping our customers make healthier food choices. On Jan. 6, Stanford University released findings from a new study that proves posting calories on menu boards at quick service restaurants positively impacts the daily caloric intake of those individuals.”
Starbucks, the spokesperson explained, was one of the companies to volunteer data for the study and participated in ongoing academic discussion on calorie postings and their impact on consumer behavior.
Locally, reactions to the bill are mixed.
Sonja Demeter, owner of Santa Maria-based J and D Vending, said she is “very much against the regulations.”
Demeter only owns three vending machines, so the law won’t affect her business. Still, she said she thinks “people should be able to take care of themselves.”
“People know sodas have sugar in them. They should be able to make their own decisions,” she said. “Now, if it’s for vending machines in schools where there are minors, I’m all for it. But adults should be able to eat or drink whatever they want without the government interfering.”
According to the FDA’s DeLancey, the law will apply to vending companies that contract with schools. Also, schools operating 20 or more machines will be responsible for ensuring items are labeled.
Scott Webber, a co-owner of the
smoothie chain Blenders in the Grass, said he would consider putting calorie counts on his menus if it didn’t cost him extra cash. Like Demeter, Webber’s business isn’t large enough to make the regulations mandatory.
“If it was of no charge to me, I would
definitely consider it. … Smoothies are healthy and people want to know what’s in them,” he said, adding that each of his stores has a book at the front counter with nutritional information in it.
For now, Webber said he’s happy with things the way they are.
“My menu is already cluttered enough. I think putting more stuff on it would just confuse people,” he said with a chuckle.
Contact News Editor Amy Asman at aasman@santamariasun.com.
This article appears in Jul 22-29, 2010.