Menu Labeling

Background

Multnomah County Commission held hearings to enforce menu labeling at a local level. During a December briefing the County Chair commented that menu labeling is probably an issue that needs to be taken up statewide.  Several groups are now pushing for a statewide solution. ORA is obviously encouraging that approach and is hoping to push the issue beyond 2008.   The ORA’s position has always been to oppose menu labeling mandates as costly, unworkable and having the opposite effect of their purpose.

Issue

Proponents of menu labeling are running a coordinated, national effort that is growing and creating a patchwork system, which is confusing consumers. Through a new tactic of promoting their mandate proposal in an unelected city board of health, they were successful in launching a nationwide challenge to the industry.

Although industry objections remain, the debate on this issue has shifted dramatically, requiring the industry to seek an alternative that will preserve menus and menu boards, protect the industry from lawsuits, and aid the legitimate needs of our guests without the negative impacts to the public.

The industry must now show leadership by coming forth with a credible alternative, one that maintains maximum flexibility for restaurant operators, protects us from lawsuits, exempts small operators that do have access to the information, and provides meaningful and useful information to our guests.

The National Restaurant Association is presenting a strong recommendation for action. This action will include an alternative to menu labeling which consists of legal safe harboring to restaurants that comply and exempts chains with fewer than 20 locations. This alternative will prevent a patchwork of varying state and local menu labeling mandates and protect restaurateurs from frivolous lawsuits.

It is the belief of ORA that if the next regular session of the legislature, January 2009, doesn't take up this issue then Multnomah County would likely try to pass something.  Since Multnomah County wants to do this and cannot use their own health inspectors, they will have to pay for it out of County general funds. 

ORA Position

The Association will support a national action as an alternative to menu labeling which will preserve our menus and menu boards. ORA will inform state and local governments that this is being dealt with on a national level that will filter down to the states. If needed the association will take this to the legislature to propose a statewide standard.