2014 -- H 7254

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LC003034

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO FOOD AND DRUGS -- FOOD LABELING REQUIREMENTS

     Introduced By: Representative Joy Hearn

     Date Introduced: January 30, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

amended by adding thereto the following chapter:

CHAPTER 37

THE MENU LABELING ACT OF 2014

     21-37-1. Chapter title. -- This chapter shall be known and may be cited as "The Menu

Labeling Act of 2014."

     21-37-2. Definitions. -- As used in this chapter:

     (1) The term "covered food establishment" means a food establishment that:

     (i) Is engaged in the business of preparing and selling food items for immediate human

consumption including, but not limited to, a restaurant, café, cafeteria, cocktail lounge or bar,

coffee or pastry shop; and

     (ii) Offers for sale substantially the same menu items, utilizing menus, menu boards or

food item tags, in servings that are standardized for portion size and content.

     (2) The term "covered food establishment" does not include the following:

     (i) Kitchen preparing food for students, clients, patients, residents, or inmates in a school,

camp, licensed heath care facility, day care facility, assisted living residence, group residence,

prison or other institutional setting and served to a specific population;

     (ii) Retail food establishments primarily engaged in the retail sale of fresh and packaged

foods, such as a market, grocery store, or convenience stores;

     (iii) Private clubs or membership associations;

     (iv) Caterers; or

     (v) Vending machines.

     21-37-3. Scope and applicability. -- (a) This chapter applies to menu items that are

served at a covered food establishment in servings that are standardized for portion size and

content but does not apply to menu items that are listed on a menu, menu board, or food item tag

for less than thirty (30) days in a calendar year.

     (b) This chapter does not apply to any self-service packaged food that is in a

manufacturer's original sealed package and is required by federal law to have nutrition labeling.

     21-37-4. Posting calorie and food content information for menu items. -- (a) Posting

required. Effective January 1, 2015, all menu boards and menus in any covered food

establishment shall state the total number of calories derived from any source for each menu item

listed, as well as the ingredients in each menu item. Such calorie and ingredient information shall

be listed clearly and conspicuously, near the menu item so that calorie content is clearly

associated with either its name or price.

     (b) Calculating Calories.

     (1) Calorie content values. - Calorie content values (in kcal: kilo-calories) shall be based

upon a verifiable analysis of the menu item by a nutritionist or dietician who is licensed at a state

or national level, which may include the use of nutrient databases, laboratory testing, or other

reliable methods of analysis, and shall be rounded to the nearest ten (10) calories for calorie

content values above fifty (50) calories and to the nearest five (5) calories for calorie content

values fifty (50) calories and below.

     (2) Written documentation. - Covered food establishments shall maintain written

documentation of the verifiable analysis of their current menu items conducted by a licensed

nutritionist or dietician.

     (c) Food item tags. - When a food item is displayed for sale with a food item tag or label,

such food item tag shall state the calorie content value clearly and conspicuously near the menu

item so that caloric content is clearly associated with either its name or price.

     (d) Drive-through windows. Calorie content values and ingredients at drive-through

windows shall be displayed on the drive-through menu board clearly and conspicuously near the

menu item so that the calorie content is clearly associated with either its name or price of the

menu item.

     (e) Range of calorie content values for different flavors, varieties, and combinations.

     (1) Different flavors and varieties. For menu items offered in different flavors and

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varieties, including, but not limited to, beverages, ice cream, pizza, and doughnuts, the range of

calorie content values showing the minimum to maximum numbers of calories for all flavors and

varieties of that item shall be listed on menu boards and menus for each size offered for sale;

provided, however, that the range need not be displayed when calorie content information is

provided for each flavor or variety of the food item.

     (2) Combinations. For combinations of different food items listed or pictured as a single

menu item, the range of calorie content values showing the minimum to maximum numbers of

calories for all combinations of that menu item shall be listed on menu boards and menus. If there

is only one possible calorie total for the combination, then that total shall be listed on menu

boards and menus.

     21-37-5. Alternative method of posting calorie information for alcoholic beverages. -

- (a) As an alternative to posting calorie information for each individual alcoholic beverage of the

types listed, such alcoholic beverages may be collectively labeled using the average calorie values

for beers, wines, and spirits, as follows:

     (1) Wine, five (5) ounces: one hundred twenty-two (122) calories;

     (2) Regular beer, twelve (12) ounces: one hundred fifty-three (153) calories;

     (3) Light beer, twelve (12) ounces: one hundred three (103) calories;

     (4) Distilled spirits (eighty (80) proof gin, rum, vodka, or whiskey), one and one-half

(1½) ounces: ninety-six (96) calories.

     (b) Covered food establishments that collectively label alcoholic beverages shall add to

the labeling the following statement: "Signature drinks or liqueurs with added ingredients may

increase calorie content."

     21-37-6. Penalties. -- Any person who violates any provision of this chapter shall, upon

conviction, be fined not more than one hundred dollars ($100) for the first offense and not more

than five hundred dollars ($500) for a subsequent offense.

     SECTION 3. This act shall take effect on January 1, 2015.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- FOOD LABELING REQUIREMENTS

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     This act would require covered food establishments to list on their menus the total

number of calories derived from any source for each menu item listed, as well as the ingredients

in each menu item.

     This act would take effect on January 1, 2015.

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