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Seattle’s host county mandates menu labeling

SEATTLE Wash. Chain restaurants in Seattle and other parts of Washington’s King County would be required to post nutrition information on menus and menu boards as of Aug. 1, 2008 under a law approved Thursday by the county Board of Health.

The nation’s second menu-labeling requirement goes further than New York City’s mandate by requiring the disclosure of more information, without an exemption for places that have yet to conduct a nutrition analysis of their offerings.

The King County measure also mandates all restaurants in the county to rid their kitchens of artificial trans fats in two phases. By April 1, all fryer oils and shortenings used in foodservice establishments must have zero grams of the artery clogger, which, by government standards, equates to a trans-fat content of less than .5 gram.  Restaurants must find replacements for margarines and all other products containing trans fats by Feb. 1, 2009.  

The recent survey by the Washington Restaurant Association found that 55 percent of the restaurants in King County are already trans-fat free, and another 15 percent are in the process of switching to other fats. The survey also found that 90 percent of restaurants in the jurisdiction plan to be trans-fat-free within the next year.

The association had asked lawmakers to provide sufficient time for the stragglers by delaying enactment of the trans-fat ban for 18 months, or roughly until January 2009 for Phase One.  

The WRA has voiced strong opposition to the menu-labeling mandate, which would apply to restaurants that are part of any chain with at least 10 units nationwide. Dr. David Fleming, director of public health for the city of Seattle and King County, has estimated the cost of re-doing menus and menu boards at $50 to $100 per store, or $5,000 to $10,000 for a whole chain. But restaurateurs have publicly refuted those figures as being too low.

The measure is more stringent than the nation’s first menu-labeling requirement, which took effect in New York City on July 1 but will not be enforced until October at the earliest. New York’s law requires restaurants to post calorie counts on their menus or menu boards if that information is already provided in other ways to customers, such as via websites or brochures.

The King County regulation requires all places fitting its definition of a chain restaurant to provide information on calorie, fat, sodium and carbohydrate content, even if that analytical breakdown has never been done before. The information is required for all menu items except specials.

Places that use a menu board are required to post the calorie counts alongside items in the same font and type size as the price. The other information must be posted “in a plainly visible format at the place of ordering,” the board of health said in a statement.

Chain restaurants that use a traditional menu must include all the nutritional information on their bills of fare.

The Board of Health did not disclose what penalties would be levied on restaurants that fail to comply with the new law.

The county said in a statement that it would work with the restaurant industry to help it prepare for the mandates, but did not specify what sort of assistance it would provide.

Health officials in New York agreed to postpone enforcement of the nation’s first-ever menu-labeling law after a legal challenge was filed by the New York State Restaurant Association.  The lawsuit is scheduled to be heard in court starting July 25.

King County officials lauded the menu-labeling requirement and trans-fat ban as measures that promote citizens’ safety and have overwhelming support from local residents.

“Menu labeling has the support of more than 65 percent of King County residents,” commented Board of Health member Dr. Bud Nicola

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