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House Bill H.R. 3962 takes aim at restaurants and vending machines

November 6, 8:50 AMAtlanta Weight Loss ExaminerDave Chism
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AP Photo/Alex Brandon

Deep down in the House version of the Health Care Bill, H.R. 3962, in section 2572 on page 1510 it is revealed that, should the bill be passed, there will be new regulations on restaurants and vending machines. All of the new regulations are stated to take effect within one year after the bill is passed into law.

Sec. 2572.  Nutrition labeling of standard menu items at chain restaurants and of articles of food sold from vending machines

These new regulations will require all chain restaurants and vending machines to provide nutritional information about their products including calories.  There are, however, stipulations as to exactly which restaurants would be required to do so.

In subsection (H), these stipulations are explained.  That is, if they can be understood.

‘‘(H) RESTAURANTS, RETAIL FOOD ESTABLISHMENTS, AND VENDING MACHINES.—
‘‘(i) GENERAL REQUIREMENTS FOR RESTAURANTS AND SIMILAR RETAIL FOOD ESTABLISHMENTS.—Except for   food described in subclause (vii), in the case of food that is a standard menu item that is offered for sale in a restaurant or similar retail food establishment that is part of a chain with or more locations doing business under the same name (regardless of the type of ownership of the locations) and offering for sale substantially the same menu items, the restaurant or similar retail food establishment shall disclose the information described in subclauses (ii) and (iii).

Seemingly, any restaurant chain with 20 or more locations will fall under these new regulations.  The new regulations, as noted in "subclauses (ii) and (iii)" will require restaurants to provide nutrient content and calorie content in "standard" menu items.  The daily recommended allowance for each is also required.

The bill also goes on to stipulate the location of the information, including drive-through menu boards.  In the case of self-serve restaurants, such as a salad bar, the information will be required to be displayed in a "prominent" position. adjacent to each food item.

There are, however, exceptions to the new regulation for certain food items in subsection (vii).  These items include condiments, daily specials, temporary menu items on the menu for less than 60 days, or any food that is part of a market test for less than 90 days.

As noted before, vending machines will also be impacted by these new regulations.  For any vending machine that does not have the nutritional information viewable prior to purchase:

the vending machine operator shall provide a sign in close proximity to each article of food or the selection button that includes a clear and conspicuous statement disclosing the number of calories contained in the article.

To fall under the new vending machine regulations, the owner of the vending machine must own 20 or more such machines (subclause viii).

The House and Senate versions of the health bill have come under fire due to the price tags associated with them.  Many argue that one way to suppress the costs is through prevention.  These new regulations were included in an effort to combat the obesity epidemic.

Obesity related illnesses, such as diabetes and cardiovascular disease, account for 10% of all health care spending annually.  The intention is to make people aware of what they are eating in hopes that people will pay more attention to their calorie intake.

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