The Oregon Restaurant Association’s Government Affairs Team



Mandatory Menu Labeling

Background
Consumer advocate groups seem to believe mandatory menu labeling is necessary to protect and ensure public health and safety. Menu labeling mandates range from warnings when menu items contain raw or undercooked food to extensive nutritional values for each menu item. The current system allows only the state Department of Human Services (DHS) to set the standards and requirements for menu labeling in the state of Oregon. County and other local health officials may request or advocate for the state to change menu labeling requirements, but the local health officials can not set their own requirements in their jurisdictions.

Issue
While local health officials do not have the authority under DHS administrative rules to set their own requirements, locally elected bodies such as city councils and county commissions are not bound by the same rules. Some local jurisdictions are considering enacting additional menu labeling requirements through local ordinances. As with a number of other regulatory issues, changes in law that result in a "patchwork" system of requirements on our industry create competitive disadvantages across jurisdictional lines and don't effectively result in a benefit to Oregonians. Restaurants in multiple locations will have different menu labeling requirements based on their location. Even those independently owned, single unit stand alone restaurants will have to consult multiple levels of government to ensure compliance with all regulations.

ORA Position
A consistent statewide policy for menu labeling rather than multiple, inconsistent local regulations is necessary to ensure a level playing field and consistent application of law. The ORA therefore supports prohibiting local jurisdictions from setting their own menu labeling standards and supports maintaining the current statewide menu labeling system.
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