Some 400 chain restaurants in Westchester County will continue counting calories for customers on menu boards when a new federal statute that preempts the county”™s 2008 calorie-labeling law takes effect.
The county, though, is expected to continue enforcing the labeling requirement through the county Health Department by adopting a new local law that mirrors the federal requirements.
The health care reform package adopted by Congress in the federal Patient and Affordable Care Protection Act of 2010 requires chain restaurants with 20 or more locations to conspicuously post calorie counts beside menu items. A provision of the county labeling law, adopted in November 2008 and enforced since May 2009, made the local law null and void as soon as similar federal legislation was adopted.
Looking to continue handling enforcement in Westchester, county officials have proposed a new local law with requirements for restaurants that match specific federal provisions. “We know for a fact it”™s impractical to have the federal government enforce it here,” Board of Legislators Vice Chairman Lyndon Williams, D-Mount Vernon, said at a recent board committee meeting where the proposed local law was introduced.
The new federal law, though, is more far-reaching in requiring restaurants to disclose nutritional information. Restaurants in Westchester will be newly required to post calorie counts at salad bars, buffet and cafeteria lines and similar self-service facilities. Calorie-count signs also must be provided for food sold from vending machines.
Under the federal law, chain restaurants also must make available to customers written information on the total number of calories derived from any source and from the total fat in each serving size as well as the amount of total fat, saturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, dietary fiber and total protein contained in each serving size.
The former county law applied to chain restaurants with 15 or more locations. Though the federal law limits the calorie posting requirement to chains with 20 or more locations, county attorneys advised legislators the federal bill allows state and local governments to require nutrition labeling in other restaurants too. The proposed county law maintains the 15-location provision.
Legislators scheduled a June 24 public hearing on the proposed law.
Enforcement of the calorie-labeling law has been suspended in the county until a new law is adopted, said county Health Department spokeswoman Heather McGill. Federal regulations on implementing the new federal law have not yet been issued.
