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NYC begins to ticket restaurants over labeling

NEW YORK As it had warned, New York City’s health department began issuing citations yesterday to qualifying chain restaurants that failed to post calorie counts on menus and menu boards.

Inspectors found violations at a single Manhattan unit of Dunkin’ Donuts, McDonald’s, Sbarro, Popeyes Chicken & Biscuits and T.G.I. Friday’s. The tickets did not impose a fine or take points off the restaurants’ sanitation inspection scores, in keeping with the health department’s notice that it would not level sanctions until July 18 to give restaurants time to comply. At that time, fines could range from $200 to $2,000, and the department has indicated that ticketed establishments could be revisited after July 18 to have their compliance checked.

The menu-labeling law mandates that New York outposts of chains with at least 15 branches nationwide post the caloric content of items next to where they appear on menus and menu boards. The measure, adopted by the health department last year, was originally scheduled to go into effect April 21. However, the enactment was postponed during the New York State Restaurant Association’s request for a stay during the appeals process. The motion for the stay was denied April 29 by a panel of judges in the 2nd Circuit Court of Appeals. The restaurant association is continuing its appeal of the rule, with a hearing scheduled for June 9.

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