Florida menu calorie labeling rules: who must post calories

An independent Florida restaurant with fewer than 20 locations is not required by federal law to post calories on its menu, and a Florida city cannot add its own calorie rule, because section 509.032 reserves regulation of the nutritional content and marketing of foods in public food service establishments to the state. Federal menu labeling applies to chains of 20 or more locations that share a name and substantially the same menu.

Who must post calories under the federal rule?

The FDA says the menu labeling requirements cover restaurants and similar retail food establishments that are part of a chain of 20 or more locations, do business under the same name and offer substantially the same menu items. They must also sell restaurant-type foods. The compliance date was May 7, 2018. A single restaurant, or a group with fewer than 20 locations under one name, is outside the rule unless it chooses to register voluntarily.

What must a covered chain show?

Covered establishments must show calorie counts for standard menu items on menus and menu boards. For self-service foods and foods on display, calories must appear close to the item and be clearly linked to it. On request, they must provide written nutrition information for standard items covering total calories, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, sugars, fiber and protein.

Two statements must also be displayed. One says the written information is available on request. The other says 2,000 calories a day is used for general nutrition advice, but calorie needs vary.

Can a Florida city require calories on menus?

Section 509.032 provides that regulation of public food service establishments, including matters related to the nutritional content and marketing of foods, is preempted to the state. A county or city ordinance that required your restaurant to publish calories, or that restricted how you market a dish, would conflict with that provision. If you receive a local notice that asks for something like this, ask an attorney before you comply.

Can an independent restaurant choose to post calories?

Yes. The FDA lists a voluntary registration form for businesses that are not covered but want to be treated as covered under the federal rule, which can matter if you are about to grow past 20 locations. Voluntary calorie information is also a selling point for guests who track what they eat, but it must be accurate. If you publish a number, calculate it from your recipes and portion sizes, and update it when a recipe changes.

What if you are close to 20 locations?

Count locations under one name, including franchised ones and those in other states. Plan the work before the 20th location opens: a recipe database with portion sizes, a way to test or calculate calories, a process for updates and a menu design that leaves room for the numbers. Ask the FDA's calorie labeling contact if you are unsure whether your group counts as a chain.

What about allergens?

Calorie labeling is separate from allergen safety. The Division of Hotels and Restaurants applies the 2017 FDA Food Code, and the Food Code contains provisions about allergens that apply to the person in charge. Ask the Division about the current expectations, train staff to answer allergy questions accurately and never guess. A server who says a dish is free of an allergen without checking is the greatest risk to a guest and to your business.

How do you keep claims accurate?

1. Keep a recipe card for each dish with exact ingredients.
2. Record portion sizes.
3. Recalculate when a supplier or recipe changes.
4. Train servers to say they will check, rather than guess.
5. Keep your allergen information in one place that kitchen and front of house both use.

What does it cost to prepare?

For a small group, the cost is mostly time. Building a recipe database for 40 dishes can take a few weeks of a chef's evenings, and software to calculate nutrition adds a monthly fee. Compare that with the cost of rushing it after the twentieth opening. If you plan to franchise, start the database early, because a franchisee will need the numbers on day one.

How do you present calories well?

Put the number beside the price in the same size type, and use a consistent format. Round according to the FDA's guidance for the nutrient. For a dish with options, such as a salad with a choice of dressings, show a range or list each variation. For a build-your-own item, show the calories for each ingredient and let the guest add them up. If a special changes daily, put a process in place so it is not left without a number.

Where do you get questions answered?

The FDA publishes a contact for calorie labeling questions, and the Division of Hotels and Restaurants answers questions about state rules. Write down the answer and the date you received it. If a guest or an inspector challenges a number, your records of the recipe and the calculation are the proof.

More guides for your business:

• Florida restaurant inspections and the food service license
• Florida food handler training and food manager certification
• Florida operations charge disclosure law for restaurants

More in the US guides for food businesses.