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Menu
Labeling
Update
     Gillian Dagan, Ph.D.
     Chief Scientific Officer, ABCRL

     Ivy Cho
     Business Development Director, ABCRL
Timeline
 On March 23, 2010 the Patient
  Protection and Affordable Care Act was
  signed into law
 Section 4205 that requires restaurants
  and similar retail food establishments
  that have 20+ locations to list calorie
  content information on menus and
  menu boards
 Proposed rule that outlines details of
  the enforcement and FDA accepted
  comments on the proposed rule
Timeline
 Late March 2011, the
  constitutionality of the Affordable
  Care act is questioned
 Opinions will most likely be released
  in June of 2012
 Until then…..
Basics of the Proposed Rule
 Establishments covered: Restaurants
  with 20+ locations. Exclusions are
  movie theaters, bowling alleys, other
  places where food might be sold that
  their primary business activity is not as a
  restaurant
 Calorie posting for standard menu items
  with succinct statement of suggested
  daily caloric intake, additional nutritional
  information in available on premises
Basics of the Proposed Rule
 Calorie posting for self-service food
  and food on display needed
 Food not labeled will be considered
  misbranded
 Standard    menu items include food
    that is routinely listed or offered
    as a self-service food or food on
    display. This would include
    specific types of pizzas listed on
    menus (deluxe, BBQ, etc)
Basics of the Proposed Rule
   Definition of the terms Combination Meal,
    Variable Menu Item, Self-Service Food,
    Food on Display, Custom Order, Daily
    Special
   List of what items would be excluded:
    items not listed on menu board and other
    items placed on the table or counter for
    general use, daily specials, temporary
    menu items (<60 non-consecutive days
    on menu), and customary market tests
    (<90 days on menu), alcoholic beverages
Basics of the Proposed Rule
 Proposed Caloric Declaration: at 5
  calorie increments up to and including
  50 calories and to the nearest 10-calorie
  increment above 50 calories
 Various options were given for listing
  combination meals, variable menu items:
     FDA is proposing calorie declaration be in a
     range for all variable menu items.
   Suggestions on statements on caloric
    intake for posting on menus
Basics of the Proposed Rule
 Additional information to be
 available to consumers: calories,
 calories from fat, total fat,
 saturated fat, trans fat,
 cholesterol, sodium, total
 carbohydrates, dietary fiber,
 sugars, and protein
Basics of the Proposed Rule
 Proposed nutrients on pizzas and
  similar items that can have multiple
  toppings/combinations: declaration
  for information for the basic
  preparation of the pizza (plain, deep-
  dish, 12” pizza) and separate
  declaration for all toppings
 Items with similar nutrient make-up
  can be listed as a group with nutrients
  listed only once
Basics of the Proposed Rule
   Self-service (buffet) and Food on Display:
    calories per item or per serving must be
    posted on a sign containing the item
    name adjacent to the item
   Multi-serving items: discrete items such
    as rotisserie chicken would display total
    calories and could additionally display
    calories per serving. Individual portions
    of a multi-serving food (cake by the slice)
    should be listed as calories per serving
Determination of Nutrient
Content
 Determination of Nutrient
 Content: can be completed by
 nutrient databases, laboratory
 analyses, or cookbooks, and use
 of labels on packaged foods.
 Must provide information on the
 reasonable basis used to calculate
 values to FDA
Database vs. Laboratory
Analysis
 Database uses a product’s recipe to
  calculate nutritional values
 Best used with salads, sandwiches,
  and items that are well represented
  by their formulations
Database vs. Laboratory
Analysis
 Laboratory analysis is the process in
  which a laboratory physically
  extracts fat, dietary fiber, etc from a
  sample of food
 Most accurate determination of
  nutritional information
 Takes into account the formulation
  and any changes during cooking
Database vs. Laboratory
Analysis—Case Study
 Hashbrowns
 Oil and Potatoes
 Database counts all food listed in
  recipe---is that accurate?

 Quite often a full nutritional analysis
   can result in less fat and calories
        than a database analysis!
Expected Compliance
   Protein and dietary fiber must be at least
    as high as declared value
   Calories, sugars, total fat, saturated fat,
    trans fat, cholesterol, and sodium must be
    no more than 20% in excess of the
    declared value
   Protein, carbohydrates, and dietary fiber
    must be no less than 80% of the declared
    value.
   In ranges, the lowest value would be used
    for compliance
Next Webinar:


Mitigation of Risk in Menu
 Labeling
Tuesday, May 17, 2012
https://www4.gotomeeting.com/register/755398671

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Menu Nutritional Labeling: What you need to know now!

  • 1. Menu Labeling Update Gillian Dagan, Ph.D. Chief Scientific Officer, ABCRL Ivy Cho Business Development Director, ABCRL
  • 2. Timeline  On March 23, 2010 the Patient Protection and Affordable Care Act was signed into law  Section 4205 that requires restaurants and similar retail food establishments that have 20+ locations to list calorie content information on menus and menu boards  Proposed rule that outlines details of the enforcement and FDA accepted comments on the proposed rule
  • 3. Timeline  Late March 2011, the constitutionality of the Affordable Care act is questioned  Opinions will most likely be released in June of 2012  Until then…..
  • 4. Basics of the Proposed Rule  Establishments covered: Restaurants with 20+ locations. Exclusions are movie theaters, bowling alleys, other places where food might be sold that their primary business activity is not as a restaurant  Calorie posting for standard menu items with succinct statement of suggested daily caloric intake, additional nutritional information in available on premises
  • 5. Basics of the Proposed Rule  Calorie posting for self-service food and food on display needed  Food not labeled will be considered misbranded  Standard menu items include food that is routinely listed or offered as a self-service food or food on display. This would include specific types of pizzas listed on menus (deluxe, BBQ, etc)
  • 6. Basics of the Proposed Rule  Definition of the terms Combination Meal, Variable Menu Item, Self-Service Food, Food on Display, Custom Order, Daily Special  List of what items would be excluded: items not listed on menu board and other items placed on the table or counter for general use, daily specials, temporary menu items (<60 non-consecutive days on menu), and customary market tests (<90 days on menu), alcoholic beverages
  • 7. Basics of the Proposed Rule  Proposed Caloric Declaration: at 5 calorie increments up to and including 50 calories and to the nearest 10-calorie increment above 50 calories  Various options were given for listing combination meals, variable menu items:  FDA is proposing calorie declaration be in a range for all variable menu items.  Suggestions on statements on caloric intake for posting on menus
  • 8. Basics of the Proposed Rule  Additional information to be available to consumers: calories, calories from fat, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, dietary fiber, sugars, and protein
  • 9. Basics of the Proposed Rule  Proposed nutrients on pizzas and similar items that can have multiple toppings/combinations: declaration for information for the basic preparation of the pizza (plain, deep- dish, 12” pizza) and separate declaration for all toppings  Items with similar nutrient make-up can be listed as a group with nutrients listed only once
  • 10. Basics of the Proposed Rule  Self-service (buffet) and Food on Display: calories per item or per serving must be posted on a sign containing the item name adjacent to the item  Multi-serving items: discrete items such as rotisserie chicken would display total calories and could additionally display calories per serving. Individual portions of a multi-serving food (cake by the slice) should be listed as calories per serving
  • 11. Determination of Nutrient Content  Determination of Nutrient Content: can be completed by nutrient databases, laboratory analyses, or cookbooks, and use of labels on packaged foods. Must provide information on the reasonable basis used to calculate values to FDA
  • 12. Database vs. Laboratory Analysis  Database uses a product’s recipe to calculate nutritional values  Best used with salads, sandwiches, and items that are well represented by their formulations
  • 13. Database vs. Laboratory Analysis  Laboratory analysis is the process in which a laboratory physically extracts fat, dietary fiber, etc from a sample of food  Most accurate determination of nutritional information  Takes into account the formulation and any changes during cooking
  • 14. Database vs. Laboratory Analysis—Case Study  Hashbrowns  Oil and Potatoes  Database counts all food listed in recipe---is that accurate? Quite often a full nutritional analysis can result in less fat and calories than a database analysis!
  • 15. Expected Compliance  Protein and dietary fiber must be at least as high as declared value  Calories, sugars, total fat, saturated fat, trans fat, cholesterol, and sodium must be no more than 20% in excess of the declared value  Protein, carbohydrates, and dietary fiber must be no less than 80% of the declared value.  In ranges, the lowest value would be used for compliance
  • 16. Next Webinar: Mitigation of Risk in Menu Labeling Tuesday, May 17, 2012 https://www4.gotomeeting.com/register/755398671