De Blasio Administration Announces New Calorie Labeling Rules

New York City is the first in the nation to require chain food retailers and restaurants to post calorie counts and full nutritional information 

NEW YORK – Mayor Bill de Blasio today announced that all New York City chain food retailers offering prepared foods, or "restaurant-type foods," (such as convenience stores) will be required to post calorie counts on menu boards. In addition, chain restaurants and retailers will be required to have full nutritional information – not just calories – for standard menu items available on site, and they will have to post a statement about the daily recommended caloric intake of 2,000 calories. This rule is required for all chain restaurants with 15 locations or more nationwide, affecting approximately 3,000 restaurants and about 1,500 food retailer chains. 

Starting May 22, the Departments of Health and Consumer Affairs will begin enforcing the updated calorie labeling rules by educating businesses during regular inspections. On August 21, both agencies will begin issuing notices of violation subject to fines for not following the updated rule. Chain restaurants and food retailers that are not in compliance will be subject to fines ranging from $200 to $600. 

"We are all tempted to make unhealthy choices, but with these new, common-sense rules, New Yorkers will have the information to make better choices and lead healthier lives," said Mayor Bill de Blasio. "We can no longer wait for federal action, and urge other cities to follow our lead." 

"This Administration continues to be at the forefront of public health practice, and these new rules demonstrate our ongoing commitment to promoting and protecting the health of New Yorkers, "said Dr. Herminia Palacio, Deputy Mayor for Health and Human Services. "These new rules give busy people quick facts they can use to make healthier choices when picking up prepared meals for themselves and their families." 

"Calorie labeling makes it easier for New Yorkers to learn more about the food they are consuming," said Health Commissioner Dr. Mary T. Bassett. "New York City led the way on requiring calorie labeling in chain restaurants nearly 10 years ago, and we are proud to continue this work by ensuring New Yorkers can access this important information at other types of establishments." 

"Who hasn't grabbed a prepared meal when you're out running errands?" said DCA Commissioner Lorelei Salas. "It is just as important for us to be able to know how many calories are in one of those meals as the ones in a pre-packaged snack or meal at a chain restaurant so we can better take care of ourselves. We are proud to join the Health Department in taking a national lead in enforcing this law as part our patrol inspections of chain food service establishments, like convenience and grocery stores." 

In 2008, New York City led the nation by becoming the first jurisdiction to require calorie labeling in chain restaurants. Numerous cities, counties and states followed suit, and in 2010 calorie labeling requirements became a part of the Affordable Care Act. 

In 2015, New York City updated its longstanding Health Code rule requiring chain restaurants to post calorie information for menu items, but delayed enforcement in anticipation of an identical federal rule that would make calorie information available in chain restaurants and chain food retailers nationwide. Earlier this month, the federal government announced it would delay enforcement of these rules for a year, and the City has decided to enforce its updated calorie labeling rules as planned. 

New Yorkers can look forward to several improvements in chain convenience stores, grocery stores and restaurants as a result of the updated calorie labeling rule, including: 

• Calorie information about prepared foods sold in chain convenience stores and grocery stores. 
• A new statement on menus and menu boards at all chain restaurants, chain convenience stores and grocery stores to give more information about calorie needs. The statement reads, "2,000 calories a day is used for general nutrition advice, but calorie needs vary." 
• Additional nutrition information about menu items available onsite upon request, including total calories, calories from fat, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, dietary fiber, sugar, and protein. 

The calorie labeling rule complements the Health Department's sodium warning rule, which requires restaurants to place salt shaker icons next to menu items that contain 2,300 mg of sodium or more, the daily recommended limit. The sodium warning rule also states that these restaurants must post a warning where customers place their orders that high sodium intake can increase blood pressure and the risk of heart disease and stroke. In April 2017, the Health Department announced the end of its legal battle with the National Restaurant Association over the sodium warning rule. As of May 12, 2017, nearly 9 out of 10 NYC chain restaurants were in compliance with the sodium warning rule. 

New Yorkers can also find health information for restaurant menu items on MenuStat.org, a Health Department website with nutrition data from over 150 top national restaurants. For more, visit menustat.org. 

For more information on calorie labeling requirements, visit nyc.gov/health/foodservice. 

Brooklyn Borough President Eric Adams stated, "More information is helpful to consumers as they endeavor to make health-conscious choices when they shop. I hope to work in partnership with City Hall to expand these efforts and tackle the labeling of nutritional information that impacts diabetic and pre-diabetic New Yorkers, such as glycemic index (GI) and glycemic load (GL). Preventative health is the best medicine, and consumer education is critical to that mission." 

"Requiring nutrition information to be posted at these businesses is common sense," said Manhattan Borough President Gale A. Brewer. "Since we now have a federal administration opposed to common sense, I thank Mayor de Blasio and Commissioner Bassett for stepping up to make sure New Yorkers have the information they need to make informed decisions." 

"Consumers deserve to have all the information they need to make informed decisions. This move by the City Health Department will make it easier for New Yorkers to learn the nutritional content of the foods they're eating, which will in turn can help lead to better choices and a healthier lifestyle," said Congressman Eliot Engel. 

Senator Gustavo Rivera said, "The implementation and enforcement of these new labeling rules in chain restaurants and chain food retailers represent another significant step in our efforts to improve the health of our City's residents by allowing them to make informed decisions about their food choices," said State Senator Gustavo Rivera. "I applaud the efforts of our City's Department of Health and Department of Consumer Affairs for working together in setting these important nutritional guidelines in an effort to help New Yorkers lead longer and healthier lives." 

"Calorie labeling helps New Yorkers make healthy choices," said Assembly Health Committee Chair Richard N. Gottfried. "With the Trump administration shelving federal rules, New York City can continue to be a leader in educating customers about health information in restaurants." 

Assistant Speaker of the New York State Assembly Felix W Ortiz said, "I have long supported requiring chain grocery and convenience stores offering prepared foods to post calorie information so diners can be better informed. This is a priority I've been fighting for in Albany and am pleased New York City will enable restaurant diners to have nutritional information before ordering meals." 

"While the Trump administration may disagree, knowledge is power, and that is particularly true when it comes to nutrition," said Council Member Corey Johnson, Chair of the Health Committee. "People have the right to readily-available information regarding the food they consume and the effects it will have on their health. I want to commend Mayor Bill de Blasio and Health Commissioner Dr. Mary T. Bassett for consistently leading the charge on progressive health policies." 

"It's been seven long years since the national menu labeling law passed. Other jurisdictions with their own state and local menu labeling policies should once again follow New York City's lead and go ahead and implement their policies, especially in grocery and convenience stores, which increasingly compete with restaurants for Americans' away-from-home food dollars and have been trying to lobby their way out of providing calorie information to their customers, said Margo G. Wootan, Director of Nutrition Policy, Center for Science in the Public Interest." 

"The American Heart Association shares the city's disappointment in the FDA's decision to push back – yet again – the deadline for food establishments to provide essential nutrition information their customers want and deserve regarding menu items," stated Pamela Bonney, MS, RD, CDN, member of the American Heart Association's Advocacy Committee in NYC. "We are happy that our city leadership has decided to move ahead with enforcement of the updated calorie labeling rule. This will put the power of decision making in the consumers' hands. Healthy eating can prevent and reduce the risk of cardiovascular disease – our nation's no. 1 and most costly killer. Being fully informed about exactly what is in their food is a key step to empowering consumers to eat smarter by making healthier choices that are right for them." 

"The Public Health Association of New York City (PHANYC) strongly supports the New York City Department of Health and Mental Hygiene's effort to implement updated menu labeling rules in order to call attention to the content of menu items," said Kavitha Das, PHANYC's Policy Committee Co-Chair. "Enhanced labeling is a valuable tool to help New Yorkers make better informed and healthier choices when they dine out and, we hope, to reduce the burden of chronic illnesses such as hypertension, cardiovascular diseases and stroke that can be aggravated by poor nutrition choices." 

Editor's note: Healthy eating is being pushed by city officials across the nation. This movement in New York to require posting of prepared convenience store/grocery store food and enhanced nutritional information at restaurants proves that we have not reached the end of labeling requirements.