Federal menu-labeling rule will not apply to complimentary breakfasts at hotels.
(May 7, 2016) Complimentary breakfasts offered at hotels will not be subject to the menu-labeling rule, according to the final guidance on the law released last week by the Food & Drug Administration. The menu-labeling law applies to restaurants and similar retail food establishments if they are part of a chain of 20 or more locations, doing business under the same name, and offering for sale substantially the same menu items. It goes into effect in May 2017.
The menu-labeling law was passed in March 2010 as part of the Affordable Care Act and requires covered establishments to provide detailed nutrition information to consumers and display calories on the menu, menu board or drive-thru. The 58-page final guidance is meant to be a resource that helps businesses to comply with the menu- labeling rule. It differs from the draft guidance published in 2014 by providing additional examples and new or revised questions and answers on topics such as covered establishments, alcoholic beverages, catered events, mobile vendors, grab-and-go items and recordkeeping requirements.
Final Guidance: A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods – Part II (Menu-Labeling Requirements in Accordance with 21 CFR 101.11): Guidance for Industry
FDA Constituent Update: FDA Issues Final Guidance on Menu Labeling
Contact the FDA with menu-labeling requirement questions at CalorieLabeling@fda.hhs.gov.