New Food Labeling: Restaurants and Grocery. Becky Schilling Editor-in-Chief Food Management / Supermarket

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1 New Food Labeling: Restaurants and Grocery Becky Schilling Editor-in-Chief Food Management / Supermarket

2 Nutrition Facts Label: Background Passed May 2016; compliance July 2018 Some design changes: Type size increases and changing the footnote about Daily Value, and must now declare the actual amount, in addition to percent Daily Value, of vitamin D, calcium, iron and potassium Added sugars, in grams and as percent Daily Value, must be included Vitamin D and potassium are now required; vitamins A and C are no longer required Updates serving sizes and labeling requirements for certain package sizes

3 Nutrition Facts Label: Background / New Label Servings: larger, bolder type New: added sugars Change in nutrients required Servings sizes updated Calories: larger type Updated daily values Actual amounts declared New footnote

4 Nutrition Facts Label: Change in Daily Value DV INCREASES HIGHLIGHTS Dietary Fiber Mandatory nutrient New definition Increase in DV from 25 g to 28 g Dietary Fiber 28 gm up from 25 gm Calcium 1300 mg up from 1000 mg Vitamin C 90 mg up from 60 mg Phosphorus 1250 mg up from 1000 mg Potassium Mandatory nutrient (previously voluntary) Increase in DV from 3500 mg to 4700 mg Vitamin C Voluntary nutrient (previously mandatory) Increase in DV from 60 mg to 90 mg Total Fat 78 gm up from 65 gm Magnesium 420 mg up from 400 mg Potassium 4700 mg up from 3500 mg Manganese 2.3 mg up from 2 mg Vitamin K 120 mcg up from 80 mcg

5 Nutrition Facts Label: Change in Daily Value DV DECREASES HIGHLIGHTS Sodium (Mandatory) Decreased from 2400 mg to 2300 mg Total Carbs (Mandatory) A macronutrient that includes starch, sugars, sugar alcohols, and fiber Decreased from 60% of calories to 55% of calories for a DV of 275 g (down from 300 g) for a 2,000 calorie diet Sodium 2300 mg Down from 2400 mg Vitamin B6 1.7 mg Down from 2 mg Thiamin 1.2 mg Down from 1.5 mg Niacin 16 mg NE Down from 20 mg Chloride 2300 mg Down from 3400 mg Total Carbs 275 gm Down from 300 gm Riboflavin 1.3 mg Down from 1.7 mg Vitamin B mcg Down from 6 mcg Selenium 55 mcg Down from 70 mcg Molybdenum 45 mcg Down from 75 mcg Biotin (Voluntary) Decreased from 300 mcg to 30 mcg Biotin 30 mcg Down from 300 mcg Chromium 35 mcg Down from 120 mcg Pantothenic Acid 5 mg Down from 10 mg Copper 0.9 mg Down from 2 mg Zinc 11 mg Down from 15 mg

6 Nutrition Facts Label: Change in Daily Value NUTRIENT UNIT CHANGES + NEW NUTRIENTS Choline 550 mg NEW Added Sugars 50 gm UNIT CHANGES Added Sugars New mandatory nutrient DV of 50 g Choline New voluntary nutrient DV of 550 mg Vitamin A Voluntary nutrient (previously mandatory) Change from 5000 IU to 900 mcg Vitamin E Voluntary nutrient Change from 30 IU to 15 mg a-tocopherol Vitamin A 900 mcg RAE was 5000 IU Folate 400 mcg DFE was 400 mcg Vitamin E 15 mg a-tocopherol was 30 IU Vitamin D 20 mcg was 400 IU Folate Voluntary nutrient Change from 400 mcg to 400 mcg DFE Vitamin D Mandatory nutrient (previously voluntary) Change from 400 IU to 20 mcg

7 Nutrition Facts: High in Vitamin A Apricots now a good source at 15% Dried Apricots now 6% Bok Choy Cabbage now a good source at 15% Mange now a good source at 10% Mustard Greens now a good source at 15% Hot Chili Pepper now 2% Cantaloupe Romaine Lettuce Carrot Spinach Collards Sweet Potato Grapefruit now a good source at 10% Leaf Lettuce Tomato now 6% Watermelon Now 8%

8 Nutrition Facts: Good Source of Vitamin A Asparagus now 2% Mustard Greens Celery Prunes (Dried Plums) now 2%

9 Nutrition Facts: High in Vitamin C Apricots now a good source at 15% Guavas Potato Bell Pepper Honeydew Melon Pummelo Blackberries Kiwifruit Radishes Broccoli Lemon Raspberries Brussel Sprouts Lime Rutabagas Green Cabbage Mango Spinach Bok Choy Mustard Greens Summer Squash Cantaloupe Okra Strawberries Cauliflower Onion Sweet Potato Collards Orange Tangerine Gooseberries now a good source at 15% Grapefruit Papaya Pineapple Tomato Watermelon now a good source at 15%

10 Nutrition Facts: Good Source of Vitamin C Apricots Artichoke Asparagus Banana Green Beans now 6% Blueberries Carrot now 6% Celery Sweet Corn now 6% Cucumber now 6% Gooseberries Nectarines Peaches Pear now 6% Plums now 6% Watermelon Sweet Cherries

11 Nutrition Facts: High in Fiber Apple now a good source at 18% Pear Artichoke Raspberries Blackberries Spinach now 7% Guava

12 Nutrition Facts: Good Source of Fiber Apricot Banana Green Snap Beans Figs Dried Figs Kiwifruit Belgium Endive Onion Blueberries Oranges Broccoli Prunes (Dried Plums) Brussel Sprouts Sweet Potato Dates Apricot

13 Nutrition Facts: Good Source of Potassium Dried Apricots now 8% DV Banana Potato Sweet Potato Broccoli Spinach Sweet Cherries now 8% DV Tomato now 8% DV Kiwifruit

Menu Labeling: Background As part of the Affordable Care Act, the FDA was required to disclose certain nutritional information for certain menu items

14 Menu Labeling: Background As part of the Affordable Care Act, the FDA was required to disclose certain nutritional information for certain menu items Compliance date is May 5, 2017 Interim final rule; comments were allowed until March 6, 2017 Came about as a result of several state or local menu labeling requirements

15 Menu Labeling: Who s Covered The bill requires restaurants and similar retail food establishments that are part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items to provide calorie and other nutrition information for standard menu items, including food on display and self-service food.

Menu Labeling: Who s Covered Location: fixed position or site The same name as other establishments in the chain (regardless of ownership) Name refers to either the establishment presented to the

16 Menu Labeling: Who s Covered Location: fixed position or site The same name as other establishments in the chain (regardless of ownership) Name refers to either the establishment presented to the public or the name of the parent entity of the establishment This does not include schools or places where the sale of food is not the primary business activity of that establishment Includes: bakeries, cafeterias, coffee shops, c-stores, foodservice venues within entertainment venues, grocery stores, quick service restaurants and table service restaurants

Menu Labeling: Same Menu Items Offering for sale a significant portion of menu items that use the same general recipe and are prepared in substantially the same way with substantially the same food

17 Menu Labeling: Same Menu Items Offering for sale a significant portion of menu items that use the same general recipe and are prepared in substantially the same way with substantially the same food components, even if the name of the menu item varies General recipe: Establishments share a recipe, even if one location subsequently tweaks that recipe due to regional tastes or dietary practices Prepared in same way: Includes slight deviations from the recipes because of, for example, foodservice worker variability Substantially the same food components: Includes situations where ingredients may vary based on local availability and sourcing including those used to conform to dietary practices such as kosher However, if a store offers a prepared food item that varies significantly depending on ingredients an establishment happens to have available (leftover vegetables used in a soup) the item may not be covered by the law

Menu Labeling: Standard Menu Item A restaurant-type food that is routinely included on a menu or menu board or routinely offered as a self-service food or food on display Does not apply to: daily

18 Menu Labeling: Standard Menu Item A restaurant-type food that is routinely included on a menu or menu board or routinely offered as a self-service food or food on display Does not apply to: daily specials, temporary menu items, custom orders, market test and self-service food and food on display that is offered for sale for less than a total of 60 days per calendar year or fewer than 90 consecutive days in order to test consumer acceptance

Menu Labeling: Who s Covered Must offer restaurant-style food to be covered (foods that are usually eaten on the premises, while walking away or soon

19 Menu Labeling: Who s Covered Must offer restaurant-style food to be covered (foods that are usually eaten on the premises, while walking away or soon after arriving at another location). It does not cover grocery-type foods that consumers often store for use at a later time or customarily further prepare

Menu Labeling: What s Covered Food for immediate consumption at a sit-down or quick service restaurant Food purchased at a drive-through establishment Takeout and delivery pizza; hot pizza at a

20 Menu Labeling: What s Covered Food for immediate consumption at a sit-down or quick service restaurant Food purchased at a drive-through establishment Takeout and delivery pizza; hot pizza at a grocery and convenience store that is ready to eat; hot soup at a soup bar; and food from a salad bar Food offered from a menu/menu board at a grocery store intended for individual consumption (sandwiches, soups, salads) Self-service foods and foods on display that are intended for individual consumption (sandwiches, at a deli counter; salads plated by the consumer at a salad bar; bagels, donuts, rolls offered for individual sale)

Menu Labeling: What s Not Covered Certain foods bought in bulk bins or cases (dried fruits, nuts) in grocery stores Foods to be eaten over several eating occasions or stored for later use (loaves of

21 Menu Labeling: What s Not Covered Certain foods bought in bulk bins or cases (dried fruits, nuts) in grocery stores Foods to be eaten over several eating occasions or stored for later use (loaves of bread, bags or boxes of dinner rolls, whole cakes) Food that are usual further prepared before consuming (deli meats and cheeses) Foods sold be weight that are not self-serve and are not intended solely for individual consumption (deli salads sold by unit of weight such as potato salad or chicken salad), either prepacked or packed upon consumer request

Menu Labeling: What s Required Calories be declared on menus and menu boards that list such standard menu items for sale Calories for self-service items or on display be declared on signs adjacent to

22 Menu Labeling: What s Required Calories be declared on menus and menu boards that list such standard menu items for sale Calories for self-service items or on display be declared on signs adjacent to such foods Written nutrition information be available for consumers who ask to see it On menus and menu boards, a statement regarding availability of written nutrition information On menus and menu boards, a succinct statement concerning suggested daily caloric intake

Menu Labeling: Menu / Menu Boards The primary writing from which a customer makes an order selection (menus, electronic menus, menus online) Primary writing: Should be considered from the consumer s

23 Menu Labeling: Menu / Menu Boards The primary writing from which a customer makes an order selection (menus, electronic menus, menus online) Primary writing: Should be considered from the consumer s vantage point. This can include a menu mailed to homes. Does it count: Lists the name of the menu item or an image of that item and the price + gives ability for consumer to order that item (phone number, near order selection) = is included by law Has name of item (or photo) + price + gives consumer ability to order = covered by law

24 Menu Labeling: Industry Reaction Who is responsible? Persons exercising authority and supervisory responsibility over a restaurant or similar retail food establishment can be held responsible for violations Grocery associations are not opposed to the idea behind the law but say it s difficult for grocery chains to implement as they are on a different business model as restaurants Grocery associations say they need much more clarity on specifics of the law (who is enforcing this) before they feel comfortable Grocery: Does this apply to cut fruit and vegetables offered in the produce section? Is this a grocery item or a restaurant-type item? The NRA is behind the law and says its members are ready Impact of new administration

25 Coronary Heart Disease Health Claim Fresh fruits and vegetables do not have to meet 10% nutrient or low-fat requirements Effective Dec. 19, 2016 Interim final rule; comments were allowed until March 6, 2017

GMO Labeling Passed July 2016 supersedes the law signed by Vermont to become a national standard The USDA has two years to establish standards for any bioengineered food and any food that may be

26 GMO Labeling Passed July 2016 supersedes the law signed by Vermont to become a national standard The USDA has two years to establish standards for any bioengineered food and any food that may be bioengineered, and requirements and procedures to carry out that standard Labeling by text, symbol or electronic code readable by smartphone USDA has to determine how much of a bioengineered substance by be present to require the labeling

27 National Certified Transition Program Allows farmers to sell product at a premium while they transition to organic First round of approvals from the USDA are expected soon There won t be a uniform transitional seal Is there a market for such products at retail?

28 Child Nutrition Reauthorization Congress reauthorizes the program every five years Last reauthorization in 2010 (Healthy, Hunger- Free Kids Act) Many asking for reduction in fruit at breakfast

29 Thank You

LAWS, STANDARDS & REGULATIONS

Appendixes APPENDIX 1: LAWS, STANDARDS & REGULATIONS The United States enjoys one of the safest food supplies in the world. The laws and regulations required to achieve that safe food supply are lengthy