Back to News

Menu Compliance Counts Starting May 5th

Published on

April 17, 2017

Restaurant calorie labeling: Starting next month, it’s not just for McDonald’s anymore.

In an issue Barley Snyder has been tracking for years, the Food and Drug Administration is poised to begin enforcement of its Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments final rule starting May 5th.

Facing consequences of fines or jail time, food establishments with 20 or more locations will be required to post calorie counts and other similar nutrition information for each food item available on menus. Suggested daily intake values must also be posted, and more detailed written nutrition information must be made available to customers. The FDA will require all claims of nutrient content to be substantiated. The federal food watchdog believes that allowing consumers easy access to nutrition information will help consumers make informed, healthier food choices.

The rule applies to restaurants and retail food establishments with the same name that serve substantially the same menu items at 20 or more locations. Self-serve and prepared foods at places like a grocery store deli or prepared food offerings are also subject to the labeling requirements. In addition, restaurants and retail food establishments that are not required to provide nutrition information may elect to do so by registering with the FDA every other year. Nutrition information must be available on in-store marketing materials as well as vending machines.

The National Grocers Association and the National Association of Convenience Stores filed a petition April 7 for a stay asking the FDA to reconsider the rule, citing constitutional and difficulty-of-compliance arguments. However, this petition may be too late, filed long after the post-30-day deadline from after the rule’s finalization in 2014. The FDA has responded only that the agency is considering requests for extension, and will make an announcement if the date changes.

If you have any concerns about the application of the menu labeling requirements, please contact Barley Snyder’s Food & Agribusiness Group.

This legal update was co-authored by EmmaRose Boyle. EmmaRose is a law student currently attending Vermont Law School and working in an externship program at Barley Snyder.


Related News

View More News
Press Release
April 13, 2026

Barley Snyder Named Central Penn Business Journal Legacy Business Honoree for Second Consecutive Year

For Immediate Release Lancaster, Pa. – As Barley Snyder celebrates 70 years of service, the firm has once again been named ...

Learn More
News Alert
February 23, 2026

FDA Signals Sweeping Shift Away from Petroleum‑Based Synthetic Food Dyes: New Labeling Flexibility and Reformulation Timelines

The U.S. Food and Drug Administration (FDA) has announced a series of regulatory policy changes that significantly tighten ov...

Learn More
News Alert
February 10, 2026

EPR Implementation in 2026: What Producers Need to Know from the NYC EPR Conference

Attorneys Catherine Begley and Hyo Jin (“Jinnie”) Lee recently attended the American Conference Institute’s EPR Think T...

Learn More

Other Upcoming Events

View All Upcoming Events
May
19
8:00 am
-
5:00 pm
event
Location

43rd Annual Employment Law Seminar

Learn More
Jun
04
7:30 am
-
12:00 pm
event
Location

Wake Up With Barley: A Morning on Real Estate 2026

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers