California Menu Labeling Guidelines ● July 2009 ● Page 1 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
CALIFORNIA CONFERENCE OF
DIRECTORS OF ENVIRONMENTAL HEALTH
CALIFORNIA MENU LABELING GUIDELINES
July 2009
SB 1420 (Padilla) was signed into law in 2008 and added Section 114094 to the
California Health and Safety Code relating to food facilities and the disclosure of
nutritional information (hereinafter “menu labeling law”). Please read the California
menu labeling law in its entirety by viewing Section 114094 of the California Health and
Safety Code (http://www.leginfo.ca.gov/calaw.html). Below is an overview of the law
followed by frequently asked questions and answers.
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) sets forth
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 for sale 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 for sale substantially the same menu items (hereinafter referred to in
this document as a “chain food facility”). In summary, the menu labeling law applies to food
facilities with 20 or more locations within the state.
The new law does not apply to certified farmers’ 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 health care facilities, mobile support units, public
and private school cafeterias, restricted food service 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
Beginning July 1, 2009 to 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:
I. Chain food facilities that do not provide sit-down service (sometimes referred to within
industry as quick service food facilities), may either:
a. Disclose (1) calories, (2) carbohydrates, (3) saturated fat and (4) sodium for each
standard menu item in a brochure at the point of sale prior to or during the
placement of an order;
OR
California Menu Labeling Guidelines ● July 2009 ● Page 2 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
b. 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 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.
II. Chain food facilities that provide sit-down service (sometimes referred to within
industry as table service food facilities), may either:
a. Disclose (1) calories, (2) carbohydrates, (3) saturated fat and (4) sodium for each
standard menu item in either:
i. a brochure available on the table;
ii. a menu next to each standard menu item;
iii. a menu, under an index section that is separate from the listing of
standard menu items;
iv. a menu insert; or
v. a table tent on the table.
OR
b. 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 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.
III. 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 shall, for purposes of the drive-
through area only, disclose all the nutritional information ((1) calories, (2)
carbohydrates, (3) saturated fat and (4) sodium) on a brochure that is available upon
request, and shall have a notice at the point of sale that reads: “NUTRITION
INFORMATION IS AVAILABLE UPON REQUEST” or other similar statement that
indicates the disclosure of nutrition information is available upon request.
California Menu Labeling Guidelines ● July 2009 ● Page 3 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
The disclosure of nutritional information must be in a clear and conspicuous size and
typeface.
“Point of sale” is defined in the menu labeling law as the location where a customer makes
an order.
Beginning Jan. 1, 2011, all chain food facilities must:
I. For any chain food facility that provides a menu: disclose calories only 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 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
II. 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
III. 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
IV. 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 shall, for purposes of the
drive-through area only, disclose all the nutritional information ((1) calories, (2)
carbohydrates, (3) saturated fat and (4) sodium) on a brochure that is available upon
request, and shall have a notice at the point of sale that reads: “NUTRITION
INFORMATION IS AVAILABLE UPON REQUEST” or other similar statement that
indicates the disclosure of nutrition information is available upon request.
The disclosure of nutritional information must be in a clear and conspicuous size and
typeface.
“Point of sale” is defined in the menu labeling law as the location where a customer makes
an order.
California Menu Labeling Guidelines ● July 2009 ● Page 4 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
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.”
All the above provisions only apply to a “standard menu item,” which requires that the menu
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 (i.e., health
inspector). A food facility may be guilty of an infraction, punishable by a fine of not less than
Fifty Dollars ($50.00) and no more than Five Hundred Dollars ($500.00), 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
(http://www.leginfo.ca.gov/calaw.html)
FREQUENTLY ASKED QUESTIONS AND ANSWERS
A. SCOPE
A1. Question: Are third-party delivery companies required to comply with the menu
labeling law?
Answer: Each individual chain food facility that falls under the California menu
labeling law and that works with a third-party delivery company is required to
provide compliant materials to the third-party delivery company for use. For
example, depending on the choice of method of disclosure by a chain food
facility that provides sit-down service (chain table service food facility) it may
or may not have to provide nutritional information on the materials it provides
to a third-party delivery company, depending.
• If the chain table service food facility chooses under the law
that from July 1, 2009 to Dec. 31, 2010 to provide a “brochure
available on the table” at the restaurant, then menus provided
California Menu Labeling Guidelines ● July 2009 ● Page 5 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
to third-party delivery companies would not have to have
nutritional information included on the menu.
• If the chain table service food facility opts to post nutritional
information directly on their menus, then all menus provided,
including those to third-party delivery companies, must
include the nutritional information.
• If a non sit-down chain food facility (chain quickservice food
facility) chooses under the law that from July 1, 2009 to Dec.
31, 2010 to disclose nutritional information “on a brochure
that is made available at the point of sale prior to or during
the placement of an order” then they would have to provide
compliant brochures to third-party delivery companies that
they work with.
Beginning Jan. 1, 2011, all menus provided by chain food facilities must
include the requisite calorie content disclosure.
Food facilities that don’t have to comply with the menu labeling law don’t have
to provide menus with nutritional information.
A2. Q: Do chain food facilities have to post nutritional information on the facilities’
Web sites?
A. No, there is no separate requirement that nutritional information be
provided on chain food facilities’ Web sites.
A3. Do Braille menus have to include nutritional information?
A: If a food facility is subject to the menu labeling law, then all menus provided
have to be compliant with the law, whether in Braille or not.
A4. Q: What is the definition of “sit-down service” as used in the menu labeling law?
A: Sit down-service describes food facilities where customers order food while
sitting at a table. Sit-down service doesn’t include a facility where food is
ordered at a counter and the customer has the option to take the food to go or
eat at a table.
A5. Q: How do you determine if a grocery store is exempt?
A: Areas in a grocery store (including a convenience store) where food is
prepared and served (i.e., grocery service deli, bakery, meat and seafood
counters, hot food counters) that are under the same ownership as the
grocery store are exempt, even if they have separate permits. However, if the
areas are separately owned, including partnerships that the grocery store may
California Menu Labeling Guidelines ● July 2009 ● Page 6 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
have an interest in, then it falls under the menu labeling law if it fits the
definition of a chain food facility.
A6. Q: Do bakeries fall under the California menu labeling law?
A: Yes, a bakery is a food facility that could fall under the menu labeling law if
it meets the definition of a chain food facility (except for bakeries that are part
of a grocery store that are exempt from the menu labeling law).
A7. Q: Do movie theaters fall under the California menu labeling law?
A: Yes, a movie theater is a food facility that could fall under the menu
labeling law if it met the definition of a chain food facility.
A8. Q: Hotel/motel menus: Do hotels and motels fall under the California menu
labeling law if they offer continental breakfast menus (offered by hotel/motel,
not by a separate restaurant in the hotel/motel)?
A: Yes, hotels and motels are food facilities that could fall under the menu
labeling law if they met the definition of a chain food facility. If a hotel or motel
itself offered a continental breakfast room service menu, and the hotel/motel
met the definition of a chain food facility, then the menus would have to have
requisite nutritional information. However, the menu labeling law does not
apply to food service that is self-service like self-serve continental breakfast
buffets. If the room service menu is offered by a restaurant in the hotel/motels
and that restaurant meets the definition of a chain food facility, then it would
have to provide requisite nutritional information.
A9. Q: If a food facility does not have a menu, do they have to produce a menu?
A: Food facilities are not required to produce a menu if they do not offer
menus.
A10. Q: What if a restaurant has an express type restaurant associated with it but
they have different names, are different restaurants but may have some
similar menu items - are they separate food facilities? (i.e., Bob & Paul’s Fine
Restaurant and Bob & Paul’s Express)
A: Yes, they are separate food facilities because they have different names. If
the food facilities operate under different names, they are considered separate
restaurants and each restaurant would have to meet the definition of a chain
food facility individually for it to fall under the California menu labeling law.
A11. Q. Does the menu labeling law apply in circumstances, such as at sporting
events, where pre-made food items from chain food facilities are offered for
sale to the attendees through a person carrying around the pre-made food
items (e.g., a person walking around the grandstands of a baseball or
California Menu Labeling Guidelines ● July 2009 ● Page 7 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
basketball game with a large carrying container with pre-made pizzas for sale
to the attendees)?
A. No, the menu labeling law does not apply here, so the person selling the
pre-made food items to the attendees would not be required to provide
nutritional information to the attendees even though the pre-made food items
are from a chain food facility that would otherwise fall under the menu labeling
law.
A12. Q. Does the menu labeling law apply to non-permanent food facilities (e.g.,
temporary food facilities) that are part of a chain?
A. Yes, a non-permanent food facility that is part of a chain (operates under
common ownership or control and has the same name and offers for sale
substantially the same menu items as the other facilities in the qualifying
chain) would be subject to the menu labeling law.
A13. Q. Does the menu labeling law apply to chain food facility kiosks at events?
A. Yes, the menu labeling law applies to chain food facility kiosks at events
and the same requirements for nutritional disclosure would apply.
B. MENU
B1. Q. Is the statement, “Recommended limits for a 2,000 calorie daily diet are 20
grams of saturated fat and 2,300 milligrams of sodium,” required in the
menus?
A. No. The above statement is only required on brochures provided under this
law.
B2. Q: How do you disclose calories for individual and family combination meals (a
standard menu item that is a combination of at least two standard menu
items)?
A: Individual combination meals: The range of calories must be posted for
combination meals that serve one person. The range should include both the
minimum and maximum amount of calories based on all possible
combinations for that standard menu item. If there is only one possible total
amount of calories, then the total must be disclosed.
Family combination meals: The range of calories, per serving, must be posted
for combination meals that serve more than one individual and the number of
individuals the combination meal serves must be provided. The range should
include both the minimum and maximum amount of calories based on all
possible combinations for that standard menu item. If there is only one
possible total amount of calories, then the total should be disclosed.
California Menu Labeling Guidelines ● July 2009 ● Page 8 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
B3. Q: How do you provide nutritional disclosure for beverages? Can nutritional
information be provided in a range for beverages?
A: Alcoholic beverages are exempt from the menu labeling law. Self-service
drink stations (i.e., fountain drink stations) are also exempt from the menu
labeling law. All other drinks that are non-alcoholic and are not self-service,
are treated just like food items and the same nutritional disclosure
requirements apply. The law does not expressly allow the use of ranges for
beverages unless it is part of a combination menu item.
B4. Q: Must nutritional information be provided for beverages ordered through a
drive-through window?
A: Because drinks served from the drive-through are not self-service, requisite
nutritional disclosure for beverages need to be included in the brochure. This
applies even to restaurants that have a self-service drink station inside for
walk-in customers. Drive-though ordered drinks are still not self-service drinks.
B5. Q: Do you have to provide nutritional information for complimentary items such
as bread or chips and salsa that are sometimes offered for free in some
restaurants?
A: Complimentary items such as bread or chips and salsa that are served
irrespective of what a customer orders are exempt. However, if a chain food
facility separately charges for such items as a standard menu item then
nutritional information must be disclosed.
B6. Q: Do you have to provide nutritional information for condiments?
A: You do not have to provide nutritional information for condiments (e.g.,
ketchup, mayonnaise, mustard, etc) that are free and/or self-serve items.
However if a condiment is part of a standard menu item (i.e., burger that is
always prepared with mayonnaise on it unless otherwise customized by the
customer or a fish and chips dish that is always prepared with tarter sauce
unless otherwise customized by the customer), then the nutritional information
must be provided as part of the standard menu item.
B7. Q: Do you have to provide nutritional information for soup or salad?
A: If a soup and/or salad are standard menu items then they are treated like
other standard menu items and requisite nutritional information must be
provided. If the soup or salad is part of a combination meal, the requisite
minimum and maximum range of calories must be posted for all possible
combinations of the combination meal.
B8. Q. Do you have to provide nutritional information for salad dressing?
California Menu Labeling Guidelines ● July 2009 ● Page 9 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
A. It depends on whether the salad comes with a particular salad dressing that
is part of the salad or whether the salad does not come with a particular salad
dressing and the customer is given a choice of salad dressing to pick from and
whether those dressings are on the menu or not.
For situations where a particular salad dressing comes as part of the salad,
then the nutritional information must be included when calculating the
nutritional information of the salad. (e.g., Asian chicken salad with ginger citrus
dressing).
For situations where the salad doesn’t come with a standard salad dressing
automatically and the customer is instead given a choice of dressings that are
not listed on the menu, then the salad dressings are exempt. (e.g., Garden
salad with choice of dressing and the dressings are not listed on the menu =
exempt). However, if the salad dressings are listed on the menu as standard
menu items, then requisite nutritional information must be provided for the
salad dressings.
For combination meals, if nutritional information is required for the salad or
salad dressings as above, ranges may be used. However, the range will not
include the salad dressing if the salad dressing is otherwise exempt as above
(e.g., choice of dressing and dressings are not listed on the menu).
B9. Q: What is a serving size under the menu labeling law?
A: The food facility determines the standard serving size. This is relevant for
calorie disclosure relating to combination meals. For combination meals that
serve more than one individual, food facilities must post the range of calories,
per serving, for all possible combinations and must also include the number of
individuals intended to be served by the combination meal.
B10. Q: Do you have to disclose nutritional information for the “soup of the day?”
A: No. The soup of the day is not a standard menu item because the soup
changes and is not on the menu for at least 180 days.
B11. Q: If a food facility’s suppliers change, will they have to change their menus or
menu boards to reflect potential variances in nutritional information?
A: No. A food facility will not have to change their menus or menu boards to
reflect non-material variances in nutritional information if their suppliers
change, provided the preparation is the same. However, if a
substantial/material change occurred, such as a substantial/material change in
the recipe or portion size, the restaurant has to change its nutritional
disclosures to reflect this.
B12. Q: How does the law apply to customized orders?
California Menu Labeling Guidelines ● July 2009 ● Page 10 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
A: A chain food facility that accepts customized ordering must provide
requisite nutritional information for all standard menu items. If a customer
chooses to customize the order, subsequent nutritional disclosure based on
the customer’s specific customized items, is not required. For instance, if a
standard menu item is a turkey sandwich then the requisite nutritional
information must be provided for the turkey sandwich as typically prepared.
However, if a customer orders the turkey sandwich, but asks to hold the
cheese and onions but add bacon, the food facility is not required to provide
specific nutritional information based on this customization.
B13. Q: Is nutritional information required to be disclosed for the pizza toppings
when the customer custom picks the toppings of the pizza?
A: No. If the customer is given the option to pick their own toppings on a pizza
then disclosure of nutritional information for the toppings is not required
because it is a customized pizza. (e.g., if the menu gives the option of a small,
medium or large pizza with choice of toppings and the topping choices are
listed on the menu for the customer to pick from then nutritional information is
not required for the toppings).
However, disclosure of requisite nutritional information is required for pizzas
that are standard menu items even if additional toppings are subsequently
added (e.g., Hawaiian pizza).
B14. Q. For chain food facilities with a drive-through area, what information must be
included in the brochure made available upon request to drive-through
customers.
A. All brochures provided pursuant to the menu labeling law, whether provided
at the drive-through or inside the chain food facility, must contain nutritional
information that is defined in the law as including (1) the total number of
calories, (2) total number of grams of carbohydrates, (3) total number of grams
of saturated fat and (4) total number of milligrams of sodium.
B15. Q. What is an example of a display tag?
A. An example of a display tag is one that is used in a display case in a deli. In
the menu labeling law, display tag is not defined specifically but described in
more detail in subsection (c)(3) which sets forth requirements for food facilities
that use a “display tag as an alternative to a menu or menu board to describe
a standard menu item that is displayed in a display case within the food
facility. . .”
B16. Q.Is there a specific font size or typeface requirement for nutritional
disclosure?
A. The menu labeling law requires that nutritional disclosure be in a “clear and
conspicuous” size and typeface. While there is no other specific font size or
California Menu Labeling Guidelines ● July 2009 ● Page 11 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
type listed in the menu labeling law, the closer the size and typeface matches
the size and typeface of menu items, the greater the likelihood a facility will be
in compliance.
B17. Q. What is the definition of “point of sale”?
A. Subsection (a)(6) of the menu labeling law defines point of sale as the
location where a customer makes an order.
B18. Q. If a food facility has a glass case or other display case near their front door
or entrance with the menu in it for people to see, does nutritional information
need to be on the menu that is featured in the display?
A. From July 1, 2009 to Dec. 31, 2010, chain food facilities that provide sit-
down service that opt to disclose nutritional information in a brochure or table
tent “on the table” are not required to have nutritional information in the menu
in the display case. Chain food facilities that do not provide sit-down service
and opt to provide a brochure that is made available at the point of sale
(which is defined as the location where the customer makes an order), are not
required to have nutritional information in the menu in the display case.
However, any chain food facility that opts to post requisite nutritional
information directly on their menus from July 1, 2009 to Dec. 31, 2010 must
provide compliant menus with the requisite information in their display cases.
On and after Jan. 1, 2011, every chain food facility that provides a menu shall
disclose calorie content for standard menu items directly on the menu next to
the item and therefore all menus, including those in a display case near the
front entrance, will need to have the requisite calorie disclosures.
C. ENFORCEMENT
C1. Q: Will local enforcement agencies check for accuracy of the nutritional
information?
A: Under the menu labeling law, local enforcement agencies will verify that
the requisite information is provided per the menu labeling law. They will not
be required to test for accuracy of the information. (i.e., they will check if a
chain has the calories on the menu, but will not verify that the calories on the
menu are accurate)
C2. Q. What if a local enforcement agency receives a complaint regarding the
accuracy of the nutritional disclosure? (e.g., Customer complains that a menu
says the item has 1000 calories and after the customer had the item tested, it
was discovered that the item has 1500 calories)
A. No enforcement mechanism is provided under the menu labeling law for
local enforcement agencies to check for accuracy. However, the local
enforcement agency may refer the case to other appropriate government
California Menu Labeling Guidelines ● July 2009 ● Page 12 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
entities that have jurisdiction over the complaint under another body of law
(e.g., depending, it may be referred to the local district attorney for violations
under other theories of law) or if the local agency has jurisdiction under
another law, they may act. Furthermore, local enforcement agencies may
verify that a restaurant used a “reasonable basis” per the menu labeling law to
determine the nutritional information.
C3. Q. What do local enforcement agencies do if they do see a violation (i.e., find
that a chain food facility that should provide nutritional information under the
menu labeling law has not provided any nutritional information at all)?
A. Local enforcement agencies may record it as a minor violation on the
Official Inspection Report. Under the menu labeling law, a violation is
considered an infraction. Local enforcement agencies may choose to be
flexible for the first six months to allow for restaurants to come into
compliance.
C4. Q: Will local enforcement agencies regulate food facilities that do not fall under
the menu labeling law but that voluntarily provide nutritional information?
A: No. If a food facility does not meet the definition of a chain food facility
under the menu labeling law then they will not be regulated by the local
enforcement agencies. However, federal and state agencies like the FDA and
the CDPH may have jurisdiction over nutrient claims under other bodies of
law.
C5. Q: How do you know if an item has been on a menu for 180 days?
A: The food facility is responsible for determining what menu items have been
on the menu for at least 180 days.
C6. Q: Will food facilities with drive-through windows be required to have a
brochure, available upon request, at the drive-through, with full nutritional
information (calories, carbohydrates, saturated fat and sodium) for standard
menu items beginning July 1, 2009 and continuing after Jan. 1, 2011
irrespective of when they post calories on menus and indoor menu boards
inside the food facility?
A: Yes. Beginning July 1, 2009 food facilities with drive-through windows must
have a brochure available upon request with complete nutritional information
(calories, carbohydrates, saturated fat and sodium). Signage must be posted
at the point of sale that indicates that disclosure of nutrition information is
available upon request. Even if the chain elects to post calories directly on the
indoor menu board and menus, the brochure with full nutritional information is
required to be available at the drive-through window. The requirement
continues after Jan. 1, 2011, the date that all chains must begin to post
calories directly on menus and indoor menu boards.
California Menu Labeling Guidelines ● July 2009 ● Page 13 of 13
These guidelines were developed by a collaboration of representatives from the California Conference of Directors of Environmental Health, the
California Department of Public Health, the California Restaurant Association, the California Retailers Association, the California Hotel and Lodging
Association and other representatives from the retail food industry.
D. START-UP
D1. Q: What are the time frames for facilities to comply with the menu labeling law?
A: The law establishes two separate compliance requirements. One pertains to
requirements from July 1, 2009 through Dec. 31, 2010, and one pertains to
requirements beginning Jan. 1, 2011. Depending on the operation, different
disclosures (both type and method) are required. Read the California menu
labeling law in its entirety by viewing Section 114094 of the California Health
and Safety Code (http://www.leginfo.ca.gov/calaw.html). The law is enforced by
local enforcement agencies and each local jurisdiction will be responsible for
implementation within the dates mandated by law.
D2. Q: How will affected facilities be notified?
A: No formal statewide notice will be sent out to affected food facilities. Trade
associations and local enforcement agencies may do voluntary outreach to
their members or food facilities within their jurisdictions.
D3. Q: As a food facility, how can I obtain a list of resources or service providers
that can help me comply with the menu labeling law?
A: The California Restaurant Association offers an information center with a
listing of resources and service providers available. You can access this
information on the California Restaurant Association’s Web site under Emerging
Matters in the Resources section of www.calrest.org.
