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. Presentation of NRA Information
•Amanda Rieter, National Restaurant Association
•Associate Director, State Strategy & Policy
7. New Federal Nutrition
Disclosure Law
Amanda Rieter
National Restaurant Association
Assoc. Director, State Strategy & Policy
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.
10. 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.
11. 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.
14. 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
15. 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
16. “The passage of this provision is a win for consumers
and restaurateurs.”
- Dawn Sweeney, National Restaurant
Association President and CEO.
17. 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
18. 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
19. Key Requirements
• Restaurants and Similar Retail Food Establishments
• 20 or more locations
– Same Name
– Substantially the Same Menu Items
20. 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)
21. 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
22. Key Requirements
Additional Nutrient Information
• Macronutrient information now required for packaged
foods
• Available on the premises (in writing)
• Available to consumer upon request
23. Macronutrient Information
• Calories • Sodium
• Calories from Fat • Total Carbohydrates
• Total Fat • Sugars
• Saturated Fat • Dietary Fiber
• Cholesterol • Protein
* Trans Fat
25. 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
28. 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
29. 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
30. 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
31. Implementation
• FDA Notice on Voluntary Program
– Program Requirements
– Registration Process
– Due July 21, 2010
32. Implementation
• FDA Proposed Rule
– Due March 23, 2011
• FDA Final Rule
– Expected Spring/Summer 2012
– Expect 6 Months to Implement
33. 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
34. Questions?
Amanda Rieter
National Restaurant Association
202-331-5908
arieter@restaurant.org
37. 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
39. 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
40. 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
42. 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
44. 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
45. 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
46. 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
49. 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
50. 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
51. 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
52. Thank You
Lucy Logan, Founder and CEO
lucy@foodcalc.com / (415) 398-4452
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