NYC revises calorie-posting rule after setback in court

Nation's Restaurant News,  Nov 5, 2007  

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NEW YORK -- This city's health officials have broadened the scope of their controversial menu-labeling plan to address the limitations that prompted a federal judge in September to block enactment of the initial calorie-posting regulation.

The rewritten rule, scheduled to take effect next March 31, would require any branch of a chain with a standardized menu and with at least 15 locations nationwide to post each food item's calorie contents on menus and menu boards.

The municipal Department of Health and Mental Hygiene's original rule was struck down because it was held to violate federal standards by applying only to operators that already provided the calorie information via websites, food wrappers, tray liners or brochures. Passed last year by the board of health, the law was challenged this summer by the New York State Restaurant Association. U.S. District Judge Richard Holwell ruled in the association's favor, but he indicated that the health department still had the authority to enforce a revised requirement that did not pertain only to chains that voluntarily disclosed the information.

The board of health is expected to vote on the measure in January.

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