The U.S. Food and Drug Administration (FDA) has released the final rule on Food Labeling: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments under the Affordable Care Act (ACA).
The final rule is a reversal from the original proposed rule which was published in 2011. The proposed rule originally exempted movie theaters, hotels, amusement parks, and other venues whose primary business activity was not the sale of food to consumers. The final rule now includes these venues as well as covers liquor which was previously exempted.
The rule goes into effect December 1, 2015 with regulations on Vending Machines going into effect on December 1, 2016.
NAC Early Analysis:
* All movie theaters, and food service operations will be impacted if you have 20 or more venues under the same brand or name. IAAPA believes that in amusement parks the threshold of 20 means individual concession stands within the facility itself.
* Franchised dining establishments will most likely fall under the rule. Operators with franchised dining establishments on their property should contact the corporate parent for more information.
* All products sold and/or served will need to list calories on either a printed menu or on signage at the point of purchase. The regulations do afford ranges rather than exact calculations for the products. (i.e. candy – calories 500 – 1,500 per package).
* Only standard menu items need to be labeled. Special or seasonal items or daily specials do not need to be labeled. Condiments are not included in the regulations. Beverages, including alcoholic beverages, must be labeled.
* Caloric information for standard menu items must be provided on menus, menu boards or signs adjacent to self-service foods and concession stands. Additional nutrition information for standard menu items must be available in written form, available on the premises, to consumers on request. This additional nutrition information must include:
1) Total calories (cal)
2) Calories from fat (fat cal)
3) Total fat (g)
4) Saturated fat (g)
5) Trans fat (g)
6) Cholesterol (mg)
7) Sodium (mg)
8) Total cholesterol (g)
9) Dietary fiber (g)
10) Sugars (g)
11) Protein (g)
We have been in contact with NATO, NAMA and IAAPA to determine how they interpret the new regulations and to plan to work together throughout this process.
As a result, NAC is developing a program to assist our members. Details of the initiative are in process, but NAC will be available with dietetic and legal counsel to make the mandates more tolerable effective December 1, 2015. We will be working with manufacturers, digital signage companies and theatre and food service operators to develop a template and a process for all to use. More to come after the holidays.
The National Association of Concessionaires, founded in 1944, is the trade association for the recreation and leisure-time food and beverage concessions industry. Members are comprised of the owners and operators of facilities such as: Movie Theatres, Stadiums & Arenas, Zoos & Aquariums, Colleges & Universities, Foodservice Contractors, Park & Recreation Departments, Amusement Parks & Family Entertainment Centers, Ice and Roller Skating Rinks, Racetracks, Bowling Centers, Outdoor facilities, Convention centers and Performing Arts Centers. Our members also are the companies that provide products and services to these facilities, including: Suppliers, Equipment Manufacturers, Popcorn Processors, Jobber Distributors, Consultants and Brokers.
For more information:
Director of Communications
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