This article shall be known as the "Ulster County Menu Labeling
Act of 2009."
Chain food service establishments shall post on menu boards,
menus, and food display tags the calorie content values (in kcal)
for each menu item next to the listing of each menu item.
A. Menu boards and menus. The term "calories" or "cal" shall appear
as a heading above a column listing the calorie content value of each
menu item or directly adjacent to the calorie content value for each
menu item.
(1) Menu boards. On menu boards, calorie content values shall be legible,
posted clearly and conspicuously, and displayed in a color as or more
prominent than the color in which the name of the menu item or price
of the menu item is displayed. Calorie content values shall also be
posted in a size and typeface at least as large as the name of the
menu item or price, whichever is larger.
(2) Menus. On printed menus, calorie content values shall be legible,
printed conspicuously, and displayed in a color as or more prominent
than the color in which the name of the menu item or price of the
menu item is displayed. Calorie content values shall also be printed
in a size and typeface at least as large as the name or price of the
menu item.
(3) Food display tags. If a restaurant or similar retail food establishment
provides a salad bar, buffet line, cafeteria service, food display
case, or arrangement where food is on display, it must provide calories
per standard item next to where the item is offered in a size and
typeface that are prominent and legible from where customers are choosing
those items.
B. For menu items that come in different flavors and varieties but that
are listed as a single menu item, such as, but not limited to, soft
drinks, ice cream, pizza, and doughnuts, the median value for calories
for all flavors or varieties shall be listed on menus and menu boards
if the calorie values for all flavors or varieties are within 20%
of the median. If the calorie values are not within 20% of the median,
then the range for all the flavors or varieties of that menu item
shall be listed from the lowest to the highest value. If a menu item
that comes in different varieties is on display with a name placard
or similar signage, the calories per serving as offered for sale shall
be listed on the placard along with the name. If a menu item is not
on display, nutrition information for each individual flavor or variety
shall be provided in writing at the point of ordering.
C. Chain food service establishment owners or operators shall provide
to the Department, if requested, information documenting the accuracy
of the calorie labeling required by this section.
D. The Ulster County Board of Health may promulgate rules and regulations
as may be necessary to outline parameters and procedures and as may
otherwise be necessary to effectuate the purposes of this article.
For purposes of this article, the meaning of terms used in this
article shall be as follows:
CHAIN FOOD SERVICE ESTABLISHMENT
A food service establishment which is permitted for operation
by the Ulster County Department of Health and that is one of a group
of 15 or more food service establishment locations in the United States,
whether in Ulster County or elsewhere, offering for sale substantially
the same menu items, in servings that are standardized for portion
size and content, that operate under common ownership or control or
as franchised outlets of a parent business or do business under the
same name.
DEPARTMENT
The Ulster County Department of Health.
FOOD DISPLAY TAG
A written or printed description of a food or beverage placed
in the vicinity of the item, such as a label or placard identifying
a type or the price of ice cream, pastry or doughnut.
MENU
A printed list or pictorial display of food items, and their
price(s), that are available for sale from a chain food service establishment
and shall include menus distributed or provided outside of the establishment.
MENU BOARD
Any list or pictorial display of food items and their price(s)
posted in and visible within a chain food service establishment or
outside of a chain food service establishment for the purpose of ordering,
such as from a drive-through window.
MENU ITEM
Any individual food item, or combination of food items, listed
or displayed on a menu board, menu or food display tag that is sold
by a chain food service establishment.
This article shall take effect 180 days after its adoption by
the Ulster County Legislature.