Washington Report: Retailers Urge Support for Menu-Labeling Bill

A coalition of convenience and grocery stores and pizzerias is urging members of Congress to support the Common Sense Nutrition Disclosure Act.

April 09, 2013

WASHINGTON – A coalition including NACS, the Food Marketing Institute (FMI), pizzerias and state associations sent a letter to Capitol Hill yesterday asking members of Congress to support H.R. 1249, the Common Sense Nutrition Disclosure Act.

Draft regulations to enact nutritional labeling requirements would impose unreasonable burdens on many businesses, particularly convenience stores. H.R. 1249 would ensure that the final regulations set reasonable standards and treat businesses according to their primary business activities.

“Our businesses currently provide substantive, useful nutrition information. More than 95% of the items sold in grocery and convenience stores already provide nutrition information, and food retailers are adopting more user-friendly guidance on the front of food packages and shelf-tags,” says the letter. “In addition, our operations strive to meet consumers’ nutritional interests with more choices and better nutritional information for the foods that we sell.”

NACS has argued that any menu-labeling regulations must account for differences between the convenience store business model and a chain restaurant business model. The proposed regulations are tailored to the restaurant business model, and unless they are revised to reflect our industry, they should not apply to convenience stores. In comments to FDA, NACS recommended to the FDA that a floor space calculation should be replaced with one based on revenues.

NACS believes that revenue — not floor space — is how the government should measure a business’s primary activity and that floor space is an ambiguous standard prone to manipulation. Also, prepackaged food — which already contains nutritional information — should not be a part of this equation. Instead, the FDA should be looking only at food that is prepared on-site and intended for immediate consumption.

H.R. 1249, introduced by Rep. Cathy McMorris Rodgers (R-WA), would apply menu-labeling provisions to locations where 50% or more of a store’s revenues are from food that is: (a) intended for immediate consumption, or (b) prepared and processed on-site. Prepackaged food would not be considered in this solution. FDA would therefore be able to meet its goals of menu labeling under law without adding unnecessary costs to convenience stores.

Ask your representative to support H.R. 1249 today.

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