Who's covered
The menu labeling rule comes from the Affordable Care Act and lives in 21 CFR 101.11. A covered establishment is a restaurant or similar retail food establishment that is part of a chain of 20 or more locations, doing business under the same name, and offering substantially the same menu items. The final rule's compliance date was May 7, 2018.
'Similar retail food establishments' sweeps in far more than sit-down restaurants — supermarkets, convenience stores, delis, bakeries, coffee shops, movie theaters, and stadiums all qualify when they meet the chain test. The FDA estimated the rule covers roughly 300,000 establishments.
What must be disclosed
- Calories on the menu — the calorie count for each standard menu item, listed clearly and conspicuously next to the item on menus and menu boards (including drive-through boards), and on signs for self-service food and food on display.
- A succinct statement about daily intake — wording to the effect that 2,000 calories a day is used for general nutrition advice, but calorie needs vary.
- A statement that more information is available — telling customers that additional written nutrition information is available on request.
That additional written information covers the fuller nutrient set — total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrate, fiber, sugars, and protein — kept on hand and provided when a customer asks.
Calories must be shown for the whole item as usually prepared. For a combo or variable item — say, a meal where the side or drink varies — the menu shows the calorie range across the options.
Vending machines
A parallel rule covers vending: operators who own or operate 20 or more vending machines must disclose calories for the food sold from them — on a sign, placard, digital display, or similar — close to each item or its selection button, subject to certain exemptions. The FDA's menu and vending labeling page has the specifics.
Under 20 locations? Voluntary registration
An establishment with fewer than 20 locations isn't required to comply, but may voluntarily register with the FDA (Form 3757) to be subject to the rule. One reason to: a registered establishment is no longer subject to non-identical state or local nutrition-labeling requirements. Registration must be renewed every two years.
How this differs from packaged-food labeling
Menu labeling is its own regime — it's about calories at the point of ordering, not the Nutrition Facts panel. Packaged foods follow the Nutrition Facts rules and the other label elements; restaurant menus follow 101.11. If you operate both — say, a deli selling packaged and made-to-order items — you may be subject to both.