What new changes of legislation will affect your restaurant Steps you can take to be prepared for these changes The benefits and liabilities of independent 3rd party laboratory testing vs. database nutritional labeling Simple solutions you can implement now to find relief and be ahead of the curve!

1. Menu Labeling—
Your Questions
Answered
Gillian Dagan, Ph.D.
Chief Scientific Officer, ABCRL
Lori Stephens, M.S.
Business Development Director, ABCRL

2. Overview
• 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
• FDA has the power under the Act to
move forward with regulations relating
to menu labeling
• Late 2012 is probable release date for
final guidance

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

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
• Similar to retail product expectations
• Care should be taken in developing a
sampling plan for testing

16. Responsible Sourcing
• What questions should I ask when
looking for a nutritional labeling
provider?
– I’m worried about accuracy—How do I
know the values are correct?
– What if someone questions my nutritional
values? What type of support can I
receive after the analysis is completed?

17. Gathering Information: Suppliers
• Request 100 gram, unrounded
nutritional data from your suppliers
• Prevent rounding errors and omission
of information
• Is zero grams of fat really zero?

18. Full Laboratory Analysis
• Menu items are physically analyzed
using official validated methods by an
ISO 17025 accredited laboratory
• This is appropriate for menu items that
undergo changes during preparation
or cooking
– Examples are any menu item that is
fried, baked, sautéed, or grilled

19. • Other Webinars and White Papers Also
Available
• Find us Online:
– Facebook: ABC Research Laboratories
– Twitter: @foodtestexperts
– Blog: www.foodtestingexperts.com
– Linked In: ABC Research Laboratories
• Next Webinar: October 18th 2:30