Menu Labeling Senate Bill 1420 Health & Safety Code 114094

1. Menu LabelingSenate Bill 1420Health & Safety Code 114094

2. Senate Bill (SB) 1420 • Food Facilities Nutritional Information Act • Introduced Feb 21, 2008 by: • Senator Alex Padilla • Senator Carole Migden • Signed into law Sept 30, 2008 by Governor Schwarzenegger Senate Bill 1420 Alex Padilla Carole Migden

3. Will It Have an Impact? • Nearly 16 million Californians are obese or overweight. • Obesity costs the state at least $41.0 billion annually in medical care and lost productivity (CA Center for Public Health Advocacy) • KCRA: Economic costs associated with obesity • Over the last decade there has been a dramatic increase in the number of meals eaten outside the home • In February 2009 New York City conducted an online survey of 755 consumers. • 90% said that posted calories were higher than expected • 82% said that nutritional information has impacted what they order • http://www.cspinet.org/new/pdf/nyc_review_fact_sheet.pdf

4. Common Terminology • Chain Restaurants: 20 or more facilities in California under the same ownership or franchise with substantially similar menu items. • Standard Menu Item: Items offered for sale for more than 180 day per calendar year. • Nutritional Information: Refers to amount of calories, carbohydrates, saturated fat, and sodium in the food • Quick Service: Orders are placed at service counter (e.g. Taco Bell). • Table Service: Orders are placed with wait staff at a table (e.g. Olive Garden).

5. Does a Facility Qualify? • SB 1420 only pertains to chain restaurants with 20 or more facilities in California. • Exempt facilities include: • Convenience & grocery stores (including their deli and bakeries) • School cafeterias & LHCF’s • Self service buffets & CFM’s • Pharmacies & vending machines. • Mobile Support Units (MSU) • Note: Separately owned food facilities within grocery stores are NOT exempt.

6. Main Provisions: Table Service • Beginning July 1, 2009 table service restaurants must: • Provide nutritional information for all standard menu items at the dining table OR • Disclose calories only for all standard menu items on the menu next to each item Nutritional Information

7. Main Provisions: Quick Service • Beginning July 1, 2009 quick service restaurants must: • Provide nutritional information in a brochure for all standard menu items at the point of sale OR • Disclose calories only for all standard menu items on the menu board or display tag next to the item.

8. Nutritional Brochures • Nutritional brochures shall be made available at the point of sale and include the following information: • Recommended limits for a 2,000 calorie diet are 20 (g) saturated fat and 2,300 (mg) of sodium • Nutritional information for all standard menu items • Brochure challenge

9. What About The Drive Through? • Beginning July 1, 2009 restaurants with drive-through windows must: • Provide a brochure that contains nutritional information each standard menu item AND • Display a conspicuous sign at the point of sale that states: “Nutritional Information Available on Request”

10. Main Provisions: Jan 1, 2011 • Beginning January 1, 2011 all chain restaurants must: • Disclose calories for all standard menu items on the menu, menu board, or display tag next to the item. • Note: Nutritional brochures are still required for quick service restaurants that have a drive through window Loaded Potato Skins cal. 2070 half order cal. 1310 Loaded with Cheddar cheese and crisp bacon. Served with sour cream and green onions. $8.69 Half-order $ 7.69

11. Combination Meals • Defined as a combination of two or more standard menu items. • Calorie content may be displayed using a minimum to maximum range. • Calorie range must include all possible meal combinations • Calorie ranges can ONLY be used on menu boards, menus, and display tags and ONLY for combo meals

12. Foods That Are Exempt • Customized orders • Nutritional information must be provided for a standard orderpepperoni pizza but, not for a special order three topping pizza. • Alcoholic beverages and self service drinks. • Complimentary pre-meal items (e.g. salsa & chips) • Self service condiments. • Soup of the day • Salads with dressing on the side • Nutritional information must be provided for pre-mixed salads but , not for a garden salad with dressing on the side. Salad Pizza – Good Luck

13. Enforcement • Enforcement agency must verify that nutritional information is provided in an approved manner • Sacramento County records menu labeling violations under data field # 32 “Food properly labeled and honestly presented” • The law provides for fines between $50 to $500 • No enforcement mechanism is provided for verifying accuracy

14. California Chain Restaurant List • 186 Chain facilities identified in California • Participating agencies include: • Sacramento, San Diego, San Mateo, Los Angeles, and California Department of Public Health • Complete chain restaurant list can be found at: • http://www.emd.saccounty.net/EH/EMDMenuLabelingInfo.htm

15. Sacramento County Survey • In January 2009 Sacramento County EMD conducted a survey of 110 facilities listed on the California Chain Restaurant List. • Of those surveyed: • 50% were in full compliance • 34% attempted to comply but had minor violations • 16% had no knowledge of menu labeling Menu Labeling Survey Report

16. Guidance Document FAQ’s • Q: Does the law apply to temporary and mobile food facilities? • A: Yes, provided the facility meets the standard criteria: • 20 facilities with same owner • Same name • Same standard menu items CCDEH Guidance Document

17. Guidance Document FAQ’s • Q: Where does the facility keep the brochures? • SB 1420 states that “… a food facility that does not provide sit-down service shall disclose the information … on a brochure that is made available at the point of sale…” • Point of sale is defined as the location where a customer makes an order • What does “made available” mean? • A: If a facility is able to provide a brochure upon request they meet the definition of “made available”.

18. Guidance Document FAQ’s • Q: What about chain restaurants that offer unique food items not available at other locations? • Tapioca Express (managers special) • Lollicup Tea Zone • A: Chain restaurants must only provide nutritional information for standard menu items shared in common with 20 or more facilities.

19. Other Regions Take Action • New York City • Menu labeling required as of May 2008 • http://www.nyc.gov/html/doh/html/cardio/cardio-transfat.shtml • Philadelphia Pennsylvania • Menu labeling required as of Jan 2010 • http://www.phila.gov/health/units/ehs/index.html • King County Washington • Menu labeling required as of Jan 2009 • http://www.kingcounty.gov/healthservices/health/nutrition/healthyeating.aspx • In total 32 states have either passed legislation or have pending legislation requiring menu labeling • http://www.fitfrying.com/map/nutrition-regulation-map.php

20. Federal MEAL Act • Menu Education and Labeling Act • Introduced May 14, 2009 by: • Senator Tom Harkin • Congresswomen Rosa DeLauro • Requires chain restaurants with 20 or more locations in the United States to due the following: • Post calories on all menu boards including drive through • Provide nutritional information on all menus • MEAL Act Debate Tom Harkin Rosa DeLauro

21. How many calories are in your morning breakfast? 510 Calories 460 Calories 970 Calories Blueberry Scone White Mocha

22. How many calories are in your afternoon lunch? 1760 Calories 440 Calories 2200 Calories Raspberry Lemonade Tuna Melt

23. How many calories are in your evening dinner? 2020 Calories 1970 Calories 3990 Calories Chicken Fettuccini Fudge Fudge Brownie

24. In Summary • Beginning July 1, 2009 chain restaurants must • Provide brochures with nutritional information where the order is taken, OR • List calories next to standard menu items on menus, menu boards, and display tags. • Beginning Jan 1, 2011: chain restaurants must: • List calories next to standard menu items on menus, menu boards, and display tags.

25. Questions?