Overview of California's menu labeling law

Food facilities affected by the California menu labeling law

California’s menu labeling law, California Health and Safety Code Section 114094, outlines menu labeling requirements for food facilities. The law defines a food facility as a facility that operates under common ownership or control with at least 19 other food facilities with the same name in the state that offer substantially the same menu items, or operates as a franchised outlet of a parent company with at least 19 other franchised outlets with the same name in the state that offer substantially the same menu items.

The new law does not apply to certified farmer’s markets, commissaries, grocery stores - except for separately owned food facilities to which this law otherwise applies that are located in a grocery store - convenience stores, licensed healthcare facilities, mobile support units, public and private school cafeterias, restricted foodservice facilities, retail stores where the majority of sales are from a pharmacy, vending machines, self-service salad bars and self-service buffets.

Drive-through customers will be treated a little differently from other diners. They need to be informed only that nutrition information is available upon request as outlined below and the facility needs to provide, upon request, a brochure with nutritional information as outlined below.

Requirements of the California menu labeling law

Through Dec. 31, 2010, chain food facilities have a choice between two levels of nutritional disclosure and chain food facilities with drive-throughs have a specific requirement for their drive-through areas:

  1. Chain food facilities, or quickservice restaurants, that do not provide sit-down service, may either:
    1. Disclose calories, carbohydrates, saturated fat and sodium for each standard menu item in a brochure at the point of sale before or during the placement of an order
      OR
    2. Disclose calories only for each standard menu item directly on an indoor menu board next to the item on the menu board; if the chain food facility provides a menu, on the menu next to the item on the menu; if the chain food facility uses a display tag as an alternative to a menu or menu board for standard menu items in a display case, on the display tag. If the menu item is a combination of at least two standard menu items, the disclosure of calorie content information on a menu or menu board must, based on all possible combinations for that item, include both the minimum and maximum number of calories. Also, for a standard menu item that is not an appetizer or dessert, but is intended to serve more than one individual, the disclosure of calorie content information on a menu or menu board next to a standard menu item must include the number of individuals intended to be served and the calorie content per individual serving.
  2. Chain food facilities that provide sit-down service, or table-service food facilities, may either:
    1. Disclose calories, carbohydrates, saturated fat and sodium for each standard menu item in either:
      1. a brochure available on the table;
      2. a menu next to each standard menu item;
      3. a menu, under an index section that is separate from the listing of standard menu items;
      4. a menu insert; or
      5. a table tent on the table.

      OR

    2. Disclose calories only for each standard menu item directly on the menu next to the item on the menu; if the chain food facility uses an indoor menu board, on the menu board next to the item on the menu board; if the chain food facility uses a display tag as an alternative to a menu or menu board for standard menu items in a display case, on the display tag. If the menu item is a combination of at least two standard menu items, the disclosure of calorie content information on a menu or menu board must, based on all possible combinations for that item, include both the minimum and maximum amount of calories. Also, for a standard menu item that is not an appetizer or dessert, but is intended to serve more than one person, the calorie content must include the number of individuals intended to be served and the calorie content per individual serving.
  3. Chain food facilities that have a drive-through area and use a menu board to display or list standard menu items at the point of sale must, for purposes of the drive-through area only, disclose all the nutritional information in a brochure that is available upon request, and should post a notice at the point of sale that reads: “NUTRITION INFORMATION IS AVAILABLE UPON REQUEST” or other similar statement.

The disclosure of nutritional information must be in a clear and conspicuous size and typeface.

“Point of sale” is defined as the location where a customer makes an order.

Beginning Jan. 1, 2011, all chain food facilities must:

  1. For any chain food facility that provides a menu: Disclose calories for each standard menu item directly on the menu next to the item on the menu. If the standard menu item is a combination of at least two standard menu items, the disclosure of calorie content information on a menu or menu board must, based upon all possible combinations for that standard menu item, include both the minimum and maximum amount of calories. Also, for a standard menu item that is not an appetizer or dessert, but is intended to serve more than one person, the calorie information must include the number of individuals intended to be served and the calorie content per individual serving; and
  2. For any chain food facility that uses an indoor menu board: Disclose calories only for each standard menu item directly on an indoor menu board next to the item on the menu board. If the standard menu item is a combination of at least two standard menu items, the disclosure of calorie content information on a menu or menu board shall, based upon all possible combinations for that standard menu item, include both the minimum amount of calories for the calorie count information and the maximum amount of calories. If there is only one possible total amount of calories, then this total shall be disclosed. Also, for a standard menu item that is not an appetizer or dessert, but is intended to serve more than one individual, the disclosure of calorie content information on a menu or menu board next to a standard menu item must include the number of individuals intended to be served and the calorie content per individual serving; and
  3. For any chain food facility that uses display tags as an alternative to a menu or menu board for standard menu items in a display case: Disclose calories only for each standard menu item directly on the display tag; and
  4. For chain food facilities that have a drive-through area and use a menu board to display or list standard menu items at the point of sale: For the purposes of the drive-through area only, disclose all the nutritional information in a brochure that is available upon request, and should post a notice at the point of sale that reads: “NUTRTION INFORMATION IS AVAILABLE UPON REQUEST” or other similar statement. Every brochure provided must include the statement: “Recommended limits for a 2,000 calorie daily diet are 20 grams of saturated fat and 2,300 milligrams of sodium.”

The above provisions only apply to standard menu items, which requires that the item is offered for sale at least 180 days per calendar year. The following items are not standard menu items and are exempt from the menu labeling requirements: customized orders, alcoholic beverages, labeled packaged food items governed by the federal Nutrition Labeling and Education Act, items in a consumer self-service salad bar and items in a consumer self-service buffet.

Nutrition information is based on how the standard menu item is usually prepared and offered for sale. Menus and menu boards may include a disclaimer that indicates that there may be variations in nutritional content across servings, based on variations in overall size and quantities of ingredients, and based upon special ordering.

Penalties for non-compliance

The enforcement mechanism of the section is the local enforcement agency. A food facility may be guilty of an infraction, punishable by a fine of not less than $50 and no more than $500, when cited by local health inspectors. A food facility may not be fined more than once during any inspection visit.

Please read the California menu labeling law in its entirety by viewing Section 114094 of the California Health and Safety Code.