Menu Calorie Labeling & New Requirements for Supermarkets

Menu Calorie Labeling & New Requirements for Supermarkets

Outline of presentation Overview of the new FDA regulation Acceptable methods for determining calorie values Required documentation for FDA compliance Integrating menu labeling into your wellness platform Confidential and proprietary 2015 Vestcom

What does this new regulation mean for your retailer? The standard reaction: Confidential and proprietary 2015 Vestcom 3

Nutrition Labeling Compliance with the Affordable Care Act 101.11(a) Requires restaurants and similar retail food establishments with 20 or more locations under the same name, that offer similar menu offerings, to offer nutrition information by December 1, 2015. The definition of a restaurant type food means that the food is either: Eaten on the premises, while walking away, or shortly after arriving at a location The nutrition information is required on standard menu items, including self-service items and foods on display. https://www.federalregister.gov/articles/2014/12/01/2014-27833/food-labelingnutrition-labeling-of-standard-menu-items-in-restaurants-and-similar-retailfood#h-49

Foods Required to be Labeled Hot buffet food, such as hot soup & food from a salad bar Self-service foods that are intended for individual consumption: Wraps, sandwiches, panini's at a deli counter, pizza by the slice, bagels, donuts, muffins and rolls offered for individual sale.

Foods Not Required to be Labeled Foods to be eaten over several occasions: Ex: A whole cake, a bag of cookies, or a loaf of bread Foods that are usually further prepared after purchase: Ex: Deli meats & cheeses Foods sold by weight: Ex: Potato salad or chicken salad Certain foods bought from bulk bins: Ex: Dried fruit & nuts

Foods Not Required to be Labeled Condiments, such as ketchup on a table Daily specials Custom orders Foods that are part of a test market Temporary menu items, such as seasonal items offered for sale less than 60 days per year or fewer than 90 consecutive days

What is a Custom Order? An item is considered to be custom when it deviates from the standard menu item. Example: Meat lovers pizza has beef, sausage & pepperoni. The customer says Hold the pepperoni. You don t have to have the calories available for the meat lovers pizza minus the pepperoni. However, if your standard item is pizza and you pick the three toppings (build your own), then you must have calories for all three toppings available.

Acceptable Methods for Determining Calories According to this ruling, calories and nutritional values can be determined using any of the following methods: Laboratory Analysis Nutrition Fact Panels (as provided by vendors/manufacturers) FDA nutrient values for raw fruits & vegetables Appendix C of part 101 FDA nutrient values for cooked fish Appendix D USDA nutrient database Cookbooks

Calorie Declarations Calories declarations will be allowed per discrete unit and per serving such as: Calories in a total pizza, plus calories in each slice of pizza (pizza pie: 200 cal/slice, 8 slices; breadsticks: 150cal/stick, 5 sticks) If there are multiple sizes of a product (small, medium, or large fries), calorie counts must be present for all sizes. For fountain drinks, you must list size and fluid ounces, 140 calories per 12 fluid ounces (small)

Documentation: Location of Calorie Postings Covered establishments are permitted to declare calories either: On a printed menu On signs adjacent to the food On a sign attached to a sneeze guard On a single sign or place card The following statement must also be on all forms of menus or menu boards: Additional nutrition information available upon request.

Documentation: Additional information required Additional nutrition information available upon request Nutrients required to be available include: Total calories Calories from fat Total fat Saturated fat Trans fat Cholesterol Sodium Total carbohydrate Dietary fiber Sugars Protein

Additional Statements Required The following statement is required to enable consumers to understand the context of calories in the daily diet: A 2,000 calories a day is used as the basis for general nutrition advice; but calorie needs vary For a children s menu, there is the option of using one of the following calorie statements: 1,200 to 1,400 calories a day is used for general nutrition advice for children ages 4 to 8 years, but calorie needs vary. 1,200 to 1,400 calories a day is used for general nutrition advice for children ages 4 to 8 years and 1,400 to 2,000 calories a day for children 9 to 13 years, but calorie needs vary. or

Documentation: Format for Listing of Calories The number of calories must be listed adjacent to the name or the price of the associated standard menu item, in a type/font size no smaller than the size of the price of the associated standard menu item. The term Calories or Cal must appear as a heading above a column listing the number of calories on a menu board. The calories must be declared to the nearest 5- calorie increment up to and including 50 calories and to the nearest 10-calorie increment above 50 calories. Amounts less than 5 calories may be expressed as zero (0). Calories greater then 999, require using a comma = 1,000

Declaring Calories of Combination Foods Entrée with two side options: Sandwich with a side salad or chips (ex: 350/450 calories) Entrée with three side options, use a calorie range: Ex: Sandwich with chips, a side salad or fruit (350-500 calories) Standard entrée menu items will be declared with a total calorie declaration: Ex: Pancakes with eggs, bacon, pancake syrup and butter (1,000 calories) In a mix and match situation such as Combine any sandwich with any soup or salad for $8.99 : If the calories are all listed separately for all items on the menu, then it is not necessary to have a range of calories for all options.

Documentation: FDA Expectations All retail establishments must ensure that its nutrition labeling is truthful and not misleading and that it has a reasonable basis for its nutrient content disclosures. To ensure reasonable basis, FDA expects retailers to maintain documentation of the methodology used to determine nutrient content, as well as the recipe and ingredient information for each item. The FDA can ask a retailer to provide this information at any time in order to demonstrate compliance. Also, if any nutrition claims are made on a retail product, then the entire nutrition facts panel will be required at point of sale.

Incorporating Menu Labeling into Your Wellness Platform

Preparation & Reputation is everything

Avoid bad press get it right the first time Confidential and proprietary 2015 Vestcom

You re retailer is ready now what? Required In-Store Elements Marketing Elements Menu Calorie Statements Pamphlets or other readilyavailable resources that list full nutrition information by item Calorie statements at point of purchase if no menu (salad bar items, etc) Essentially, tell your shoppers how awesome you are! Update wellness program materials to reflect how your retailer is listing calories in store Provide calorie information on website Incorporate into social media Leverage circular, in-store radio Confidential and proprietary 2015 Vestcom 20

Vestcom can help with your efforts healthyaisles has a solution to help retailers meet December 1, 2015 deadline for Menu Calorie Labeling requirements We cover all facets: Recipe nutrient analysis database management, data warehousing tags signs healthyaisles database & attributes Contact Monica for more details Confidential and proprietary 2015 Vestcom 21

Bring on the questions! Confidential and proprietary 2015 Vestcom 22

THANK YOU! Monica Amburn, RD, LDN Senior Director Health & Wellness mamburn@vestcom.com Patty Packard, MS, RD Director of Regulatory Nutrition ppackard@vestcom.com Thank you! This document contains proprietary and confidential information intended for the sole use of the individual or entity to which it is being presented. You are hereby notified that any dissemination, distribution, use or copying of this document is strictly prohibited.