1Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2Statutes, in food protection, providing for menu labeling
3requirements for chain restaurants and imposing penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Chapter 57 of Title 3 of the Pennsylvania 
7Consolidated Statutes is amended by adding a subchapter to read:

8SUBCHAPTER C

9MENU LABELING

10Sec.

115751.  Definitions.

125752.  Menu labeling requirements.

13§ 5751.  Definitions.

14The following words and phrases when used in this subchapter
15shall have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17"Chain restaurant."  A retail food establishment with 15 or

1more locations, locally or nationally.

2"Licensor."  As defined in section 5702 (relating to
3definitions).

4"Retail food establishment."  As defined in section 5702
5(relating to definitions).

6§ 5752.  Menu labeling requirements.

7(a)  Nutrition information.--A chain restaurant shall provide
8nutrition information for all food or beverage items listed for
9sale on menus as follows:

10(1)  The total number of calories rounded to the nearest
11ten calories, grams of saturated fat, grams of trans fat,
12grams of carbohydrates and milligrams of sodium, per menu
13item as usually prepared and offered for sale shall be
14provided adjacent to each item on the menu, in a size and
15typeface similar to price and other information provided
16about each menu item.

17(2)  When menu boards or food tags are used in lieu of
18other forms of menus, the nutrition information may be
19limited to the total number of calories per item if:

20(i)  The additional information required in paragraph
21(1) is made available, in writing, to customers upon
22request.

23(ii)  A sign on or near the menu board or food tag
24states in clear and conspicuous typeface: "Additional
25nutrition information for all menu items available upon
26request."

27(3)  A licensor may approve a variation in the method of
28presentation of the required nutrition information if the
29licensor deems the method appropriate for the protection of
30the public health and the approved method supplies the

1required information to the consumer at the point of decision
2making as to a food order. Until any variation is approved,
3the chain restaurant shall comply with the requirements of
4this section.

5(b)  Menu boards or food tags.--

6(1)  Every menu provided by a chain restaurant, or
7written information provided pursuant to subsection (a)(2)
8when menu boards or food tags are used, shall include, in
9clear and conspicuous typeface:

10(i)  A statement of the current Food and Drug
11Administration recommended limits for grams of saturated
12fat, including trans fat, and milligrams of sodium for a
132,000 calorie-per-day diet.

14(ii)  The following statement: "A 2,000 calorie daily
15diet is used as the basis for general nutrition advice;
16individual calorie needs, however, may vary."

17(2)  Menus, menu boards or food tags may also include the
18following, or a substantially similar statement: "This
19nutrition information is based on standard recipes and
20product formulations; however, variations may occur due to
21differences in preparation, serving sizes, ingredients or
22special orders."

23(c)  Items with different flavors and varieties.--For menu
24items of different flavors and varieties that are listed as a
25single item, such as soft drinks, ice cream, pizza and
26doughnuts, the median value for calories or other nutrition
27information for all flavors or varieties shall be listed if the
28calorie or other nutrition information for all flavors or
29varieties is within 20% of the median. If the calorie or other
30nutrition information is not within 20% of the median, then the

1range for all the flavors or varieties shall be listed. If food
2tags are used to identify different varieties of similar items,
3the calories per serving of each item shall be listed on each
4food tag.

5(d)  Exceptions.--A chain restaurant shall not be required to
6provide nutrition information for:

7(1)  Items such as specials or limited time offerings
8that appear on menus for less than 30 days per year.

9(2)  Condiments and other items placed on a table or
10counter for general use without charge.

11(3)  Items sold in a manufacturer's original sealed
12package that contains nutrition information as required by
13Federal law.

14(4)  Custom orders which do not appear on the menu, menu
15boards or food tags.

16(e)  Delivered items.--A chain restaurant that delivers food
17or beverage items outside of the premises in wrappers or boxes
18shall provide the information required by this section in
19connection with each item delivered on each wrapper and box in a
20clear and conspicuous manner.

21(f)  Methodology.--Nutrition information must be based upon
22analytic methods and express nutrient content in a manner
23consistent with Food and Drug Administration regulations. A menu
24is not in compliance with this section if any nutrition
25information on the menu for any particular item varies by more
26than 20% from a nutrient analysis of a representative sample of
27the menu item.

28(g)  Penalties.--

29(1)  For chain restaurants under the jurisdiction of the
30department, a violation of this section shall be punishable

1by a fine of up to $500.

2(2)  Penalties for a violation of this section shall be
3established by the licensor for chain restaurants under the
4jurisdiction of a licensor that is not the department.

5Section 2.  This act shall take effect in 60 days.