Massachusetts Public Health Council Approves Menu Labeling Regulation

On May 13th, the Public Health Council voted unanimously to adopt a menu labeling regulation.  The effective date of the regulation is November 1, 2010.  RAM testified in opposition to the regulation but also pushed for several changes in the event that the Public Health Council was going to move forward and promulgate the regulation.  There were several changes made from the original draft proposal.  Unfortunately, many of our concerns were not addressed. 

The regulation covers any business with 20 or more locations in Massachusetts that operate under common control, operate as franchised outlets of a parent business, or do business under the same name.  Caloric information needs to be on menus, menu boards and drive through menu boards. The regulation does not cover food items offered for less than 30 days.  An extension may be granted to franchised outlets as long as they can show extraordinary financial hardship.  There is no preemption or liability protection in the regulation.  Grocery stores, convenient stores, private clubs or membership associations, temporary food establishments, caterers and vending machines are exempted from the regulation.

Please visit our website at www.retailersma.org to view the regulation in its entirety.  If you have any questions on the regulation please do not hesitate to call Erin Trabucco, Ram General Counsel, at 617-523-1900.