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Regular Session, 2014
SENATE BILL NO. 512
BY SENATOR HEITMEIER
PUBLIC HEALTH. Provides for chain restaurant menu labeling. (1/1/15)
AN ACT1
To enact Part LXXV of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 40:1300.391 through 1300.396, relative to chain restaurant3
menu labeling; to provide for definitions; to provide for labeling requirements; to4
provide for exceptions; to provide for penalties; to provide for an effective date; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part LXXV of Chapter 5 of Title 40 of the Louisiana Revised Statutes8
of 1950, to be comprised of R.S. 40:1300.391 through 1300.396, is hereby enacted to read9
as follows: 10
PART LXXV. CHAIN RESTAURANT MENU LABELING11
§1300.391. Definitions12
For the purposes of this Part, the following terms shall have the following13
meanings unless the context clearly indicates otherwise:14
(1) "Alcoholic beverage" has the meaning as defined in R.S. 32:300.15
(2) "Calories per serving" means the caloric information for a food or16
beverage item being offered for consumption by one person, as usually prepared17 SB NO. 512
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and as offered for sale on the menu, menu board, or food display tag.1
(3)"Chain restaurant" means an eating establishment that does business2
under the same trade name in fifteen or more locations, at least one of which is3
located in Louisiana that offers predominantly the same type of meals, food,4
beverages, or menus, regardless of the type of ownership of an individual5
location. "Chain restaurant" does not include a grocery store. "Chain6
restaurant" does not include a hotel or motel that provides a separately owned7
eating establishment but does include the separately owned eating establishment8
if the eating establishment meets the criteria of this Part.9
(4) "Food display tag" means a written or printed description of a food10
or beverage item, such as a label or placard, placed in the vicinity of the food or11
beverage item identifying the type or price of the food or beverage.12
(5) "Grocery store" means a store primarily engaged in the retail sale of13
canned food, dry goods, fresh fruits, and vegetables, fresh meats, fish, and14
poultry. "Grocery store" includes a convenience store but does not include a15
separately owned eating establishment located within a grocery store.16
(6) "Menu" means a written or printed list describing food or beverage17
items offered for sale at an eating establishment that may be distributed on or18
off the premises but does not include a menu board.19
(7) "Menu board" means a list of food or beverage items offered for sale20
at an eating establishment that is posted in a public area for viewing by multiple21
customers, including a backlit marquee sign, chalkboard, or drive-through22
menu sign.23
§1300.392. Menu labeling for chain restaurants24
A. (1) A chain restaurant shall list on a food display tag, menu, or menu25
board the total amount of calories per serving of each food and beverage item26
listed for sale on the food display tag, menu, or menu board.27
(2)(a)The statement of calories required in this Part shall be:28
(i) Clear and conspicuous.29 SB NO. 512
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(ii) Adjacent to or in close proximity and clearly associated with the item1
to which the statement refers.2
(iii) Printed in a font and format at least as prominent in size and3
appearance as the name or the price of the item to which the statement refers.4
(b) As it pertains to an alcoholic beverage, it shall also meet the5
requirements of R.S. 40:1300.395.6
§1300.393. Determining caloric content; required statement; different varieties7
A. The caloric content information required by this Part shall be8
determined on a reasonable basis and may be determined only once per9
standard menu item if the eating establishment follows a standardized recipe,10
trains to a consistent method of preparation, and maintains a reasonably11
consistent portion size. For the purposes of this Part, a reasonable basis for12
determining caloric content means use of a recognized method for determining13
calorie content, including but not limited to nutrient databases, laboratory14
testing, and other reliable methods of analysis. Caloric content may be rounded15
to the nearest ten calories for caloric content above fifty calories and to the16
nearest five calories for caloric content of fifty calories and below.17
B. (1) A menu, menu board, or written nutrition information provided18
to a customer by a chain restaurant shall contain the following statement in a19
clear and conspicuous manner and in a prominent location:20
"To maintain a healthy weight, a typical adult should consume21
approximately 2,000 calories per day; however, individual calorie needs may22
vary."23
(2) A menu, menu board, or written nutrition information provided to24
a customer by a chain restaurant may include the following statement or a25
statement similar to the following:26
"Nutrition information is based upon standard recipes and product27
formulations; however, modest variations may occur due to differences in28
preparation, serving sizes, ingredients, or special orders."29 SB NO. 512
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C. For a food or beverage item that is listed as a single item but includes1
more than one variety, the caloric information required in this Part for that2
item shall be the median value of calories for all varieties offered for that item3
if the caloric information for each variety of the item is within twenty percent4
of the median for that item. If the caloric information required by this Part for5
a variety of a food or beverage item is not within twenty percent of the median6
for that item, the caloric information shall be stated for each variety of that7
item. If a food display tag is used to identify a specific variety of a food or8
beverage item, the caloric information required by this Part shall be for that9
specific variety of the item.10
§1300.394. Exceptions11
A chain restaurant shall not be required to provide information12
pursuant to this Part for:13
(1) A condiment or other item offered to a customer for general use14
without charge.15
(2) An item sold to a customer in a manufacturer's original sealed16
package that contains nutrition information as required by federal law.17
(3) A custom order for a food or beverage item that does not appear on18
a menu, menu board, or food display tag.19
§1300.395. Alcoholic beverages20
A. A chain restaurant shall state on a food display tag, menu, or menu21
board the average caloric value for beers, wines, and spirits as established by22
the United States Department of Agriculture, Agricultural Research Service, in23
the National Nutrient Database for Standard Reference.24
B. A food display tag, menu, or menu board for an alcoholic beverage25
may include the following statement:26
"Signature drinks or liqueurs with added ingredients may contain27
increased caloric content."28
§1300.396. Enforcement; penalties29 SB NO. 512
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A. The Department of Health and Hospitals may inspect chain1
restaurants for compliance with this Part. The person operating the chain2
restaurant shall, upon request of the department, permit access to all parts of3
the restaurant and any records in the possession of the restaurant regarding4
nutritional values or menu items and provide menu item samples for nutritional5
value testing by the department.6
B. If a chain restaurant violates any provision of this Part, the7
department shall provide the restaurant with written notice informing the8
restaurant of the violation and stating that the restaurant may avoid a civil9
penalty for the violation by curing the violation within sixty days. If the chain10
restaurant fails to cure the violation within sixty days, the department may11
impose a civil penalty of not less than two hundred fifty dollars and not more12
than one thousand dollars for the violation. For a continuing violation, each13
thirty day period that the violation continues after the preceding imposition of14
a civil penalty is a separate offense subject to a separate civil penalty. The15
department is not required to provide the chain restaurant with an opportunity16
to cure the continuing violation before imposing a civil penalty for the17
continuing violation.18
Section 2. This Act shall become effective on January 1, 2015.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Heitmeier (SB 512)
Proposed law provides a chain restaurant shall list on a food display tag, menu, or menu
board the total amount of calories per serving of each food and beverage item listed for sale
on the food display tag, menu, or menu board.
Proposed law provides definitions.
Proposed law provides the statement of calories shall be:
(1)Clear and conspicuous.
(2)Adjacent to or in close proximity and clearly associated with the item to which the
statement refers. SB NO. 512
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(3)Printed in a font and format at least as prominent in size and appearance as the name
or the price of the item to which the statement refers.
Proposed law further provides the caloric content information shall be determined on a
reasonable basis and may be determined only once per standard menu item if the eating
establishment follows a standardized recipe, trains to a consistent method of preparation, and
maintains a reasonably consistent portion size.
Proposed law provides menu, menu board, or written nutrition information provided to a
customer by a chain restaurant shall contain the following statement in a clear and
conspicuous manner and in a prominent location:
"To maintain a healthy weight, a typical adult should consume approximately
2,000 calories per day; however, individual calorie needs may vary."
Proposed law provides a menu, menu board, or written nutrition information provided to a
customer by a chain restaurant may include the following statement or a statement similar
to the following:
"Nutrition information is based upon standard recipes and product
formulations; however, modest variations may occur due to differences in
preparation, serving sizes, ingredients, or special orders."
Proposed law provides for a food or beverage item that is listed as a single item but includes
more than one variety, the caloric information required under proposed law for that item
shall be the median value of calories for all varieties offered for that item if the caloric
information for each variety of the item is within twenty percent of the median for that item.
If the caloric information required by proposed law for a variety of a food or beverage item
is not within 20 percent of the median for that item, then the caloric information shall be
stated for each variety of that item. If a food display tag is used to identify a specific variety
of a food or beverage item, the caloric information required by proposed law shall be for that
specific variety of the item.
Proposed law provides a chain restaurant shall not be required to provide information
pursuant to proposed law for:
(1)A condiment or other item offered to a customer for general use without charge.
(2)An item sold to a customer in a manufacturer's original sealed package that contains
nutrition information as required by federal law.
(3)A custom order for a food or beverage item that does not appear on a menu, menu
board, or food display tag.
Proposed law provides a chain restaurant shall state on a food display tag, menu, or menu
board the average caloric value for beers, wines, and spirits as established by the United
States Department of Agriculture, Agricultural Research Service, in the National Nutrient
Database for Standard Reference.
Proposed law provides the Department of Health and Hospitals (department) may inspect
chain restaurants for compliance. Further, the person operating the chain restaurant shall,
upon request of the department, permit access to all parts of the restaurant and any records
in the possession of the restaurant regarding nutritional values or menu items and provide
menu item samples for nutritional value testing by the department.
Proposed law provides if a chain restaurant violates proposed law, the department shall
provide the restaurant with written notice informing the restaurant of the violation and
stating that the restaurant may avoid a civil penalty for the violation by curing the violation SB NO. 512
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within 60 days. If the chain restaurant fails to cure the violation within 60 days, the
department may impose a civil penalty of not less than $250 and not more than $1,000 for
the violation. For a continuing violation, each 30 day period that the violation continues after
the preceding imposition of a civil penalty is a separate offense subject to a separate civil
penalty. The department is not required to provide the chain restaurant with an opportunity
to cure the continuing violation before imposing a civil penalty for the continuing violation.
Effective January 1, 2015.
(Adds R.S. 40:1300.391-1300.396)