Ms. Michele Early
Executive Assistant to the Advisory Committee
333 Washington Street
Brookline, MA 02445

RE:       Article 16 – Proposed Menu Labeling Mandate

Dear Ms. Earley:

The Retailers Association of Massachusetts (RAM) is a statewide trade association of over 3,000 retailers including more than 700 restaurants.  Our membership ranges from independent “mom and pop” retailers to larger national retail chains.  The retail industry's contributions to the Commonwealth include over $108 billion in annual sales; $4 billion in annual sales and use taxes; 18% of Massachusetts jobs; and operations in over 38,000 locations across the state.

On behalf of the RAM, we would like to thank you for the opportunity to comment on the Article 16.  We respectfully oppose this proposal.  While we understand the goal of the initiative is to reduce obesity, Massachusetts is already in the process of implementing a statewide regulation and there is no need to address this on an individual municipal level.  As you know, several jurisdictions across the country, both state and local, have implemented or introduced similar proposals.  The goal of these proposals may be the same but all of them present different requirements to restaurants.  Some of the covered food establishments that are affected under this proposal operate in multiple states and are facing a myriad of different mandates.  We believe that national uniformity in this area is needed.  However, if food establishments in the Commonwealth are going to have this mandate placed on them, it is best to have a single statewide regulation. 

While the time frame for compliance for companies that are already in business and not renovating is five years, the regulation will still be difficult to comply with and extremely costly.  Furthermore, companies that are making significant renovations as well as companies that are preparing to open their doors are already taking on enormous costs and will not be able to take on the expense of having all menu items analyzed at once.  Any new mandate on businesses, regardless of size, can be crippling in this economic climate.  Companies throughout the country are trying to keep their doors open during this difficult recession.  Now is not the time to implement costly mandates on restaurants.  Businesses simply cannot afford to comply with this proposal. 

Additionally, this proposal does not exempt small businesses.  While several large chains have been proactive in providing nutritional information to their customers, it is important to note that not all businesses in this industry are alike and many do not have the resources available to have a verifiable nutritional analysis done on their products and replace their menu board.  Furthermore, the companies that are being proactive in this area should be able to deliver this information to their customer as they see best and should be commended for their actions rather than facing mandates specific to local jurisdictions.

Requiring caloric information on all menu items will prevent food establishments from offering new test items or seasonal specials.  Food establishments will be forced to order the same exact brand of all of their ingredients in order to prepare each menu item without changing the caloric value.  Many companies order through distributors that shop for the best priced items.  This mandate will undoubtedly affect any businesses ability to remain competitive and will force them to spend additional dollars on maintaining the status quo rather than focusing on ways to improve their business or meet their customers' needs. 

Finally we are concerned with the legal liability food establishments will face since it is unrealistic to expect companies to standardize their portions to deliver the exact caloric value in each serving.  Unlike packaged foods, inaccuracies due to portion size are unavoidable.  Labeling standardized packaged foods is much more practical than meals served at a restaurant or takeout facility.  This proposed article does not provide for a margin of error.  

We sincerely hope that you do not adopt this harmful Article.  Thank you for your time and consideration of our comments.  We hope to be an active participant in the discussion surrounding this issue.  Please do not hesitate to contact me if I can be of any assistance.

Sincerely,

Erin Trabucco
General Counsel