Welcome to the Georgia Restaurant Association

            Menu Labeling
       What You Need To Know
               June ...
Welcome & Opening Remarks

•Charles Hoff, Law Offices of Charles Y. Hoff & Interim CEO
AGENDA

•   Opening Remarks
•   Presentation from Amanda Rieter, NRA
•   Presentation from Lucy Logan, CEO FoodCALC®
•   Q...
Thank You To Our Meeting Host
Thank You To Our Sponsor



  U.S. Foodservice is one of the country’s premier foodservice distributors,
 offering more th...
Presentation of NRA Information

•Amanda Rieter, National Restaurant Association
•Associate Director, State Strategy & Pol...
New Federal Nutrition
  Disclosure Law
             Amanda Rieter
       National Restaurant Association
    Assoc. Direct...
National Restaurant Association
•   Founded in 1919, the National Restaurant Association is the leading
    business assoc...
A New Federal Standard
• President Obama signed the Patient Protection and
  Affordable Care Act (H.R. 3590) into law on M...
Historical Background

•   The restaurant industry had been successful for a number of years in
    defeating labeling pro...
Need for Federal Legislation
Federal Approach
                               LEAN Act                   MEAL Act
                          (Carper/Murk...
Nutrition Disclosure Law
                       LEAN Act                  MEAL Act                   New Law
             ...
“The passage of this provision is a win for consumers
  and restaurateurs.”

                  - Dawn Sweeney, National Re...
Support for the New Federal Law
• Support from the National Restaurant Association and
  the Coalition for Responsible Nut...
Federal Menu Labeling Law
21 U.S.C. § 343 (q)(5)(H)


• Generally meets industry objectives
     – Tolerable industry burd...
Key Requirements

• Restaurants and Similar Retail Food Establishments

• 20 or more locations
   – Same Name
   – Substan...
Key Requirements

• Standard Menu Items
  – Food, including Non-alcoholic Beverages
  – Only Items on Menu
  – Not Condime...
Key Requirements

Menu/Menu Board
• Calories
   – Adjacent to name of item
   – As usually prepared and offered for sale
•...
Key Requirements
Additional Nutrient Information
• Macronutrient information now required for packaged
  foods
• Available...
Macronutrient Information
•   Calories            •   Sodium
•   Calories from Fat   •   Total Carbohydrates
•   Total Fat...
Special Applications
Self Service


• Calories per food item per serving

• On sign placed adjacent to each food item
Special Applications
Varieties/Combination Meals

• Differing Varieties/Flavors
  – Listed as a single item
  – Different ...
Special Applications
Varieties/Combination Meals


• FDA to Determine Nutrient Determination Method
  including
   – Range...
Calculating Nutrient Levels
“Reasonable Basis”
Follows FDA precedent
• Nutrient databases
• Cookbooks
• Laboratory Analyse...
Additional Flexibility

• Standardization of recipes and methods of preparation
• Reasonable variation in serving size and...
Vending Machines

• If Person Operates 20 or More Vending Machines
• Calories Posted (if Nutrition Facts not visible)
• Cl...
Voluntary Program

• Restaurants Not Subject to Requirements of this
  Clause (under 20 units nationally)
• May Elect to B...
Implementation

• FDA Notice on Voluntary Program
  – Program Requirements
  – Registration Process
  – Due July 21, 2010
Implementation

• FDA Proposed Rule
  – Due March 23, 2011

• FDA Final Rule
  – Expected Spring/Summer 2012
  – Expect 6 ...
Key Issues
•   Menu variability and combination meals
•   “Menu”/“menu board”
•   Drive-thru menu boards
•   Contextual st...
Questions?


        Amanda Rieter
National Restaurant Association
         202-331-5908
    arieter@restaurant.org
Lucy Logan, FoodCALC®, LLC

 •Founder & CEO
The Nutritional Landscape
   By: Lucy Logan, Founder and CEO
 lucy@foodcalc.com / (415) 398-4452




                     ...
Who Is FoodCALC?
• Industry leader in web-based nutrition analysis solutions
  with two pioneering products:
  1) MenuCalc...
How to Get Nutrition Information
Your Options
Laboratory Nutrition Analysis
   1.   Physically mail-in sample of food
   2.   3-5 week turnaround time
   3...
Nutrition Information & Your Operation
You will need:
   – Recipes
   – Sub recipes (prep)
   – Supplier product informati...
The Results
   Recipe Name       Calories Fat Sat Fat   Trans Fat Cholest.   Sodium    Carbs    Fiber   Sugar    Protein
A...
What Diners are Saying

  “I always try to hunt down
  nutritional info before I
  head out to eat. It's very
  frustratin...
A recent
FoodCALC study
of 2000 diners




             43
Marketability

• Target a new and growing audience
• 82% of diners said calorie disclosure is
  influencing what they orde...
Ideas from Other Restaurants

• Applebee’s – Under 550 calorie menu
• TGI Fridays – “Smaller price, smaller portion”
• Sub...
Where Are Diners Going, First?
  81%* of people go online to socialize

  47%* go online to learn how to improve their
   ...
47
48
Yelp Metrics
• Over 32 million people visited Yelp in May
  2010 to make a spending decision

• Ranking is determined by r...
Broaden Your Market
          Smart phone applications
          allow diners to search for
          menu items with nutr...
Awareness

• The National Menu Labeling bill will affect over 230,000
  locations

• Nutrition information is becoming mor...
Thank You
   Lucy Logan, Founder and CEO
lucy@foodcalc.com / (415) 398-4452




                                     52
Q&A
Closing & Announcements

 •Charles Hoff, Law Offices of Charles Y.
 Hoff & Interim CEO
Thank You for Attending the Georgia Restaurant Association

                  Menu Labeling
             What You Need To ...
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Gra 2010 presentation

  1. 1. Welcome to the Georgia Restaurant Association Menu Labeling What You Need To Know June 29, 2010
  2. 2. Welcome & Opening Remarks •Charles Hoff, Law Offices of Charles Y. Hoff & Interim CEO
  3. 3. AGENDA • Opening Remarks • Presentation from Amanda Rieter, NRA • Presentation from Lucy Logan, CEO FoodCALC® • Q&A • Closing & Announcements • Networking
  4. 4. Thank You To Our Meeting Host
  5. 5. Thank You To Our Sponsor U.S. Foodservice is one of the country’s premier foodservice distributors, offering more than 43,000 national, private label and signature brand items and an array of services to its more than 250,000 customers. The company proudly employs 25,000 associates in more than 60 locations nationwide who are poised to serve customers beyond their expectations. As an industry leader, with access to resources beyond the ordinary, U.S. Foodservice provides the finest quality food and related products to neighborhood restaurants, hospitals, schools, colleges and universities, hotels, government entities and other eating establishments. To find out how U.S. Foodservice can be Your partner beyond the plate®, visit www.usfoodservice.com or atlanta.usfoodservice.com.
  6. 6. Presentation of NRA Information •Amanda Rieter, National Restaurant Association •Associate Director, State Strategy & Policy
  7. 7. New Federal Nutrition Disclosure Law Amanda Rieter National Restaurant Association Assoc. Director, State Strategy & Policy
  8. 8. National Restaurant Association • Founded in 1919, the National Restaurant Association is the leading business association for the restaurant industry. The Association represents more than 380,000 member restaurant establishments. Our membership base consists of many different facets of the industry. • Our restaurant members represent tableservice and quickservice restaurant operators, chains, franchisees and independents. • Our allied members are suppliers, distributors and consultants. • Second largest private sector employer with an estimated 13 million people, or 9% of the U.S. workforce
  9. 9. A New Federal Standard • President Obama signed the Patient Protection and Affordable Care Act (H.R. 3590) into law on March 23, 2010. • This law contains a provision, Section 4205, requiring mandatory nutrition labeling for food sold at chain restaurants and similar retail food establishments. • It also preempts state and local menu labeling laws that have been enacted in recent years.
  10. 10. Historical Background • The restaurant industry had been successful for a number of years in defeating labeling proposals. • Until 2007 no labeling legislation ever passed a single legislative chamber. – California (Governor Vetoed), Connecticut (Passed Senate) • Proponents found success by circumventing the public policy arena for regulatory health bodies.
  11. 11. Need for Federal Legislation
  12. 12. Federal Approach LEAN Act MEAL Act (Carper/Murkowski) (Harkin/DeLauro) Applies Too 20 or more (Nationally) 20 or more (Nationally) Information Calories Required on the Information Available Upon Sodium Menu, Menu Request Saturated Fat Board and Drive Trans Fat Thru Federal Preemption YES NO Liability Protections YES NO
  13. 13. Nutrition Disclosure Law LEAN Act MEAL Act New Law (Carper/Murkowski) (Harkin/DeLauro) Applies Too 20 or more (Nationally) 20 or more (Nationally) 20 or more (Nationally) Information Required on the Calories Calories Menu, Menu Information Available Sodium Additional Information Board and Upon Request Saturated Fat Available Upon Drive Trans Fat Request Thru Federal YES NO YES Preemption Liability YES NO YES Protections
  14. 14. “The passage of this provision is a win for consumers and restaurateurs.” - Dawn Sweeney, National Restaurant Association President and CEO.
  15. 15. Support for the New Federal Law • Support from the National Restaurant Association and the Coalition for Responsible Nutrition Information • Support from Center for Science in the Public Interest and 77 health and consumer groups • Support from State Restaurant Associations • Bipartisan decision makers in Congress
  16. 16. Federal Menu Labeling Law 21 U.S.C. § 343 (q)(5)(H) • Generally meets industry objectives – Tolerable industry burden – Avoids burden on marketing materials – Minimizes potential for frivolous litigation • Federal preemption – Unique in this Congress – Unique upon enactment – Applies to Voluntary Program participants
  17. 17. Key Requirements • Restaurants and Similar Retail Food Establishments • 20 or more locations – Same Name – Substantially the Same Menu Items
  18. 18. Key Requirements • Standard Menu Items – Food, including Non-alcoholic Beverages – Only Items on Menu – Not Condiments for General Use – Not Specials (less than 60 days annually) – Not Market Test Items (less than 90 days)
  19. 19. Key Requirements Menu/Menu Board • Calories – Adjacent to name of item – As usually prepared and offered for sale • Statement on suggested daily caloric intake • Statement on availability of additional nutrient information
  20. 20. Key Requirements Additional Nutrient Information • Macronutrient information now required for packaged foods • Available on the premises (in writing) • Available to consumer upon request
  21. 21. Macronutrient Information • Calories • Sodium • Calories from Fat • Total Carbohydrates • Total Fat • Sugars • Saturated Fat • Dietary Fiber • Cholesterol • Protein * Trans Fat
  22. 22. Special Applications Self Service • Calories per food item per serving • On sign placed adjacent to each food item
  23. 23. Special Applications Varieties/Combination Meals • Differing Varieties/Flavors – Listed as a single item – Different flavors or varieties – Soft drinks, ice cream, pizza and doughnuts • Children’s Combination Meals
  24. 24. Special Applications Varieties/Combination Meals • FDA to Determine Nutrient Determination Method including – Ranges, – Averages, or – Other Methods
  25. 25. Calculating Nutrient Levels “Reasonable Basis” Follows FDA precedent • Nutrient databases • Cookbooks • Laboratory Analyses • Other reasonable means
  26. 26. Additional Flexibility • Standardization of recipes and methods of preparation • Reasonable variation in serving size and formulation of menu items • Space on menus/menu boards • Inadvertent human error • Training of food service workers • Variations in ingredients • Other factors as determined by FDA
  27. 27. Vending Machines • If Person Operates 20 or More Vending Machines • Calories Posted (if Nutrition Facts not visible) • Close Proximity to Food Item or Selection Button
  28. 28. Voluntary Program • Restaurants Not Subject to Requirements of this Clause (under 20 units nationally) • May Elect to Be Subject to Requirements • Register Biannually • Federal Preemption Applies
  29. 29. Implementation • FDA Notice on Voluntary Program – Program Requirements – Registration Process – Due July 21, 2010
  30. 30. Implementation • FDA Proposed Rule – Due March 23, 2011 • FDA Final Rule – Expected Spring/Summer 2012 – Expect 6 Months to Implement
  31. 31. Key Issues • Menu variability and combination meals • “Menu”/“menu board” • Drive-thru menu boards • Contextual statement • Self-service • Customary market test • Reasonable basis • Nutrients to disclose • National uniformity
  32. 32. Questions? Amanda Rieter National Restaurant Association 202-331-5908 arieter@restaurant.org
  33. 33. Lucy Logan, FoodCALC®, LLC •Founder & CEO
  34. 34. The Nutritional Landscape By: Lucy Logan, Founder and CEO lucy@foodcalc.com / (415) 398-4452 36
  35. 35. Who Is FoodCALC? • Industry leader in web-based nutrition analysis solutions with two pioneering products: 1) MenuCalc for restaurants 2) LabelCalc for food manufacturers and FDA Nutrition Labels • Over 1200 users • National Restaurant Association endorsed • Over 25,000 recipes analyzed to date and growing • Backed by Registered Dietitians and live support 37
  36. 36. How to Get Nutrition Information
  37. 37. Your Options Laboratory Nutrition Analysis 1. Physically mail-in sample of food 2. 3-5 week turnaround time 3. Price range: $400 - $1000 per sample CD Software 1. Accessible on one computer. 2. Requires mid-level database and file integration knowledge. 3. Price range: $900 - $4000 for license Consulting 1. Email/fax/snail mail recipes to them 2. Majority are part-time consultants who use CD software. 3. Price range: $70 - $120 per menu item Online Nutrition Analysis 1. Accessible to your account anywhere at anytime 2. Instant nutrition analysis results 3. Cost effective price range: $49 a month - $249 39
  38. 38. Nutrition Information & Your Operation You will need: – Recipes – Sub recipes (prep) – Supplier product information (e.g. private label from US Foodservice) – Quantities of each ingredient (e.g. 2 oz of cheese) – Portions size for each menu item Hidden items to consider: – Butter on a bun – Baked items rolled in seeds or oats – Olive oil drizzled over pizza – Latest manufacturer data (e.g. formula changes) 40
  39. 39. The Results Recipe Name Calories Fat Sat Fat Trans Fat Cholest. Sodium Carbs Fiber Sugar Protein Alyson's Taco 190 3g 0.5g 0g 50mg 140mg 13g 2g < 1g 19g Bean Burrito with Rice 840 31g 14g 0g 70mg 2570mg 104g 18g 4g 38g Beef with Noodles 790 41g 16g 3g 220mg 200mg 6g < 1g 5g 92g Burger 610 34g 12g 0g 150mg 450mg 25g 2g 3g 46g Cheese and Crackers 280 20g 13g 0g 55mg 260mg 21g 0g 17g 5g Chicken with Shoyu Sauce 720 56g 28g 0g 265mg 900mg 8g < 1g < 1g 44g Dirty Rice 100 3g 0.5g 0g 50mg 75mg 14g < 1g < 1g 5g Dough Mix 30 0g 0g 0g 10mg 0mg 2g 0g 0g < 1g Guacamole with cheese 70 6g 2g 0g 5mg 150mg 3g 2g < 1g 2g Middle Eastern Dip 30 1g 0g 0g 0mg 160mg 2g 0g 3g 2g 41
  40. 40. What Diners are Saying “I always try to hunt down nutritional info before I head out to eat. It's very frustrating when info isn't posted anywhere” -Heidi Nulholland “ I always say, if more restaurants posted their calories I would eat there! ” -Lisa Eriene 42
  41. 41. A recent FoodCALC study of 2000 diners 43
  42. 42. Marketability • Target a new and growing audience • 82% of diners said calorie disclosure is influencing what they order. (R&I) • 60% said nutrition determines where they eat. (R&I) • University of Missouri found customers were willing to pay up to $2 more per menu item when nutrition was present 44
  43. 43. Ideas from Other Restaurants • Applebee’s – Under 550 calorie menu • TGI Fridays – “Smaller price, smaller portion” • Subway – 6 subs under 6g of fat • Duncan Donuts – DD Smart low fat Breakfast Menu • McDonald’s/Burger King – Healthier side options for kid’s meals – Apple slices 45
  44. 44. Where Are Diners Going, First? 81%* of people go online to socialize 47%* go online to learn how to improve their wellbeing There are 16 groups with over 200,000 members on Facebook dedicated to healthier eating** Source: *WebPro News ** Facebook Groups 46
  45. 45. 47
  46. 46. 48
  47. 47. Yelp Metrics • Over 32 million people visited Yelp in May 2010 to make a spending decision • Ranking is determined by relevant active reviewers and STARS 49
  48. 48. Broaden Your Market Smart phone applications allow diners to search for menu items with nutrition information. 1 company launched in March and now have over 850,000 downloads! 50
  49. 49. Awareness • The National Menu Labeling bill will affect over 230,000 locations • Nutrition information is becoming more common and expected from restaurants regardless of cuisine and size • 85% of MenuCalc clients are not affected by a menu labeling law
  50. 50. Thank You Lucy Logan, Founder and CEO lucy@foodcalc.com / (415) 398-4452 52
  51. 51. Q&A
  52. 52. Closing & Announcements •Charles Hoff, Law Offices of Charles Y. Hoff & Interim CEO
  53. 53. Thank You for Attending the Georgia Restaurant Association Menu Labeling What You Need To Know June 29, 2010

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