The Food and Drug Administration (FDA) is seeking public comments on a new federal law that requires certain chain restaurants and retail food operations to post the calorie content of individual items on menus, menu boards and drive-through menu boards. Enacted March 23, 2010, section 4205 of the Affordable Care Act applies to food establishments with 20 or more locations, such as restaurants, coffee shops, delis, movie theaters, bakeries, and ice cream shops. Per-serving information related to the amount of calories, cholesterol, fiber, sodium, sugars, total and complex carbohydrates, total and saturated fat, and total protein must be available in writing on request. The law also compels vending machine operators with 20 or more machines to list calorie information “in close proximity to” each article of food or the selection button.

The law instructs FDA to issue proposed regulations to carry out these provisions by March 23, 2011. The agency has requested comments from the food industry, state and local governments, consumers, and other interested parties by September 7, 2010. See Federal Register, July 7, 2010.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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