PRINTER'S NO. 944
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
798
Session of
2015
INTRODUCED BY DAY, FREEMAN, V. BROWN, WHEATLEY, O'BRIEN,
SCHLOSSBERG, D. COSTA, COHEN, MURT AND DeLUCA, MARCH 17, 2015
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 17, 2015
AN ACT
Requiring retail food establishments to display nutritional
information; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Restaurant
Display of Nutritional Information Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Calorie content information." The total number of calories
per standard menu item, as that item is usually prepared and
offered for sale.
"Menu board." A posted list or pictorial display of food or
beverage items offered for sale by a retail food establishment.
"Retail food establishment." A restaurant that is part of a
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chain with 20 or more locations nationally, doing business under
the same name and offering for sale substantially the same menu
items.
"Standard menu item." A food or beverage item offered for
sale by a retail food establishment through a menu, menu board
or display. The term does not include condiments, daily
specials, temporary menu items appearing on the menu for fewer
than 60 days per year or custom orders.
Section 3. Requirements of display.
(a) Scope of disclosure.--A calorie display shall satisfy
the following requirements:
(1) A retail food establishment using a standard printed
menu shall list next to each food or beverage item on the
menu the calorie content information.
(2) A retail food establishment using a menu board shall
list next to each food or beverage item on the board or sign
the calorie content information.
(3) A retail food establishment that has a drive-through
window shall display calorie content information either on
the drive-through menu board or on an adjacent stanchion
visible at the point of ordering.
(4) For menu items that come in different flavors and
varieties but that are listed as a single menu item, the
minimum to maximum numbers of calories for all flavors and
varieties of that item shall be listed on the menu, menu
board or stanchion, as applicable, for each size offered for
sale.
(5) The disclosure of calorie content information on a
menu, menu board or stanchion next to a standard menu item
that is a combination of at least two standard menu items on
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the menu, menu board or stanchion shall, based upon all
possible combinations for that standard menu item, include
both the minimum and the maximum number of calories.
(6) The calorie content information shall be posted
clearly and conspicuously adjacent to or in close proximity
to the applicable menu item 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.
(7) Nothing in this section shall prohibit a retail food
establishment from providing additional nutrition information
to its customers for each food or beverage item listed on its
menu.
(b) Statement regarding calorie intake.--A succinct
statement concerning suggested daily caloric intake shall be
posted prominently on menus and menu boards.
(c) Availability of additional written nutrition
information.--A clear and prominent statement shall be posted on
menus and menu boards which states that additional written
nutrition information is available to consumers upon request.
(d) Reasonable basis.--The nutritional information and
calorie content information required by this section shall be
based upon a verifiable analysis of the menu item, which may
include the use of nutrient databases, laboratory testing or
other reliable methods of analysis.
Section 4. Construction.
The provisions of this act shall not be construed to create
or enhance any claim, right of action or civil liability that
did not previously exist under the statutes of this Commonwealth
or limit any claim, right of action or civil liability that
otherwise exists under Commonwealth statutes. This act shall not
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be construed to preclude any food facility from voluntarily
providing nutritional information in addition to the
requirements of this act.
Section 5. Penalties.
(a) Violations.--A retail food establishment violates the
provisions of section 4 if the establishment:
(1) fails to list calorie content information as
required;
(2) fails to obtain calorie content information analyses
and maintain documentation of the analyses; or
(3) knowingly or recklessly lists on menus and menu
boards calorie content information that is materially
incorrect or misleading.
(b) General rule.--A proprietor of a retail food
establishment who violates the provisions of section 4 shall be
subject to a penalty of not less than $50 or more than $100 for
the first offense, and not less than $250 or more than $500 for
the second or any subsequent offense.
Section 6. Effective date.
This act shall take effect in 60 days.
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