(a) Required Nutritional Information. Except as provided in Subsection (h), each Chain Restaurant shall make nutritional information available to consumers for all Menu Items. This information shall include, but not be limited to, all of the following, per Menu Item, as usually prepared and offered for sale:
(1) Total number of calories, expresses to the nearest 10 calories for values above 50 calories and to the nearest 5 calories for values 50 calories and below;
(2) Total number of grams of saturated fat, expressed to the nearest gram for values 5 grams and above, to the nearest half gram for values below 5 grams, and as 0 for values below one-half gram;
(3) Total number of grams of carbohydrates, expressed to the nearest gram for values 1 gram and above, as "less than 1g" for values below 1 gram, and as 0 for values below one-half gram; and
(4) Total number of milligrams of sodium, expressed to the nearest 10 milligrams for values above 140 milligrams, to the nearest 5 milligrams for values between 5 and 140 milligrams, and as 0 for values below 5 milligrams.
(b) Information on Menus.
(1) Each Chain Restaurant that uses a Menu shall provide the nutritional information required by Subsection (a) next to or beneath each Menu Item using a size and typeface that is clear and conspicuous.
(2) Each Chain Restaurant that uses a Menu shall include the following statement on the Menu in a clear and conspicuous manner: "Recommended limits for a 2,000 calorie daily diet are 20 grams of saturated fat and 2,400 milligrams of sodium."
(c) Information on Menu Boards.
(1) Each Chain Restaurant that uses a Menu Board shall provide on the Menu Board the nutritional information required by Subsection (a)(1) next to or beneath each Menu Item on the Menu Board using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the Menu Item.
(d) Information on Food Tags. Each Chain Restaurant that uses a Food Tag shall provide on the Food Tag the nutritional information required by Subsection (a)(1) using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the Menu Item.
(e) Range of Nutritional Information for Different Flavors and Varieties.
(i) If a Chain Restaurant offers a Menu Item in more than one flavor or variety (such as beverages, ice cream, or doughnuts) and lists the item as a single Menu Item, the range of values for the nutritional information for all flavors and varieties of that item (i.e., the minimum to maximum numbers of calories) shall be listed for each size offered for sale. If the Menu Item's flavors and/or varieties include diet items containing less than 10 calories, the Chain Restaurant shall post a separate range of values for such diet items.
(ii) If a Chain Restaurant offers pizzas in different sizes as Menu Items, the nutritional information required by Subsection (a) may be listed on the Menu and/or Menu Board by serving size for each type of pizza if the Chain Restaurant does both of the following: (1) displays the definition of the serving size (i.e., 1 slice) on the Menu and/or Menu Board using a size and typeface that is clear and conspicuous, and (2) displays the number of servings for each size of each type of pizza next to or beneath the price for each size using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the Menu Item.
(f) Disclaimers. Menus, Menu Boards, and Food Tags may include a disclaimer that indicates that there may be minimal variations in nutritional content across servings, based on slight variations in overall size and quantities of ingredients, and based on special ordering.
(g) Verifiable and Reliable Information Required.
(1) The nutrition information required by this section and Section
468.4 shall be based on a verifiable analysis of the Menu Item, which may include the use of nutrient databases, cookbooks, laboratory testing, or other reliable methods of analysis.
(2) A Restaurant is in violation of this section and Section 478.4 if the provided nutritional information required by these sections:
(i) Is not present in the location or in the form required by these sections:
(ii) Is different than what the Restaurant knows or believes to be the true and accurate information; or
(iii) Deviates from what actual analysis or other reliable evidence shows to be the average content of a representative sample of the Menu Item by more than 20%.
(h)
Food Items Excluded. This section and Section
468.4 shall not apply to:
(1) Items placed on the table or at a counter for general use without charge, such as, for example, condiments:
(2) Alcoholic beverages; and
(3) Items that are on the Menu, Menu Board or Food Tag for less than 30 consecutive days in a calendar year.
(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008; Ord. 195-08, File No. 080826, App. 8/7/2008)
