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Gillian Dagan, Ph.D.Chief Scientific Officer, ABCRL
Ivy ChoBusiness Development Director, ABCRL
Menu Labeling Update
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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
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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…..
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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
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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)
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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
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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
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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
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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
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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
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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
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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
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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
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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!
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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
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Next Webinar:
Mitigation of Risk in Menu Labeling
Tuesday, May 17, 2012https://www4.gotomeeting.com/register/755398671