Board of Health Revises Proposed Menu Labeling Regulations
Will Consider Phased In Approach over Next Two Years
NASHVILLE, Tenn., February 6, 2009 -- Board of Health members yesterday reviewed and revised a menu labeling regulation proposal by the Metro Public Health Department. One significant change includes taking a phased in approach over the next two years.
“The Board of Health’s transparent approach on menu labeling allowed input from the restaurant industry and the public during the November public hearing, followed by a written comment period, and numerous meetings with industry representatives,” said Bill Paul, M.D., Director of Health of Nashville/Davidson County. “By choosing to consider a phased in approach, our Board is demonstrating concern about the economic pressures businesses are facing at this time, while at the same time keeping our community’s health a priority,” Dr. Paul said.
Board of Health members agreed to hear from the public on the specific changes to the regulation. The Board approved a 14-day written comment period February 10 through 4:30 p.m. February 23, 2009. The Board will hold a public hearing on the proposed changes and possibly vote on the regulation at its March 5th meeting. Written comment should be sent to Dr. Bill Paul, Director of Health, 311 23rd Avenue North, Nashville, Tennessee, 37203 or e-mail at directorofhealth@nashville.gov
The Board will consider a phased in approach over the next two years. Phase 1 would provide food establishments several options for informing customers of calorie information as they consider what to order. Phase I would begin 12 months after Board approval. Phase 2 requires posting calories on menus and menu boards, and would begin 12 months after Phase 1 begins.
Based on several conversations with various industry representatives, the revised proposal also includes a number of changes to clarify language and to make it more comparable to regulations in other parts of the country. For example, several categories of food service establishment are now excluded: Religious institutions, nonprofit organizations, educational institutions, health care institutions, correctional facilities, entertainment facilities, and hotels and motels are excluded. However, the regulation still applies when a restaurant chain with 15 or more establishments nationally leases, owns or occupies space within an exempted establishment.
Additionally the revised proposal also excludes alcohol and alcoholic beverages, orders that are customized on a case by case basis in response to an unsolicited customer request, condiments and other items placed on a table or counter for general use without charge, and food and drink items sold in a manufacturer’s original sealed package that contains nutrition information as required by federal law.