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Section 403(q) of the FD&C Act requires that the following information must be provided for standard menu items that are sold in chain retail food establishments⁴⁹:

 The number of calories in each standard menu item on a menu or menu board (the calorie disclosure must be “clearly associated with” and “adjacent to” the name of the standard menu item).

 A statement on the menu or menu board that puts the calorie information in the context of a recommended total daily caloric intake.

 Additional nutrition information for standard menu items in written form (“written nutrition information”), which must be made available to consumers upon request.

 A “prominent, clear, and conspicuous” statement on the menu or menu board regarding the availability of the written nutrition information.

 The number of calories (per item or per serving) adjacent to self‐service food and food on display. These foods include food sold at salad bars, buffet lines, cafeteria lines or similar self‐service facilities, and self‐service beverages and food on display that is visible to consumers.

On December 1, 2014, FDA published the final rule on nutrition labeling of standard menu items in restaurants and similar retail food service establishments. The rule is codified at 21 C.F.R. § 101.11. The establishments covered under the rule are restaurants or similar retail food establishments that are a part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership, for example, individual franchises) and offering for sale substantially the same menu items.⁵⁰

The labeling requirements only apply to foods that are standard menu items. The requirements for nutritional labeling are in two parts. The information that must be listed on the menu or menu board is the following:

 The number of calories.⁵¹

 The following statement, “2,000 calories a day is used for general nutrition advice, but individual calorie needs vary.”⁵²

 The following statement, “Additional nutrition information available upon request.”⁵³

The nutrition information for standard menu items that must be available in written form on the premises of the covered establishment and provided to the customer upon request is the following⁵⁴:

1 total calories (cal);

2 calories from fat (fat cal);

3 total fat (g);

4 saturated fat (g);

5 trans fat (g);

6 cholesterol (mg);

7 sodium (mg);

8 total carbohydrate (g);

9 dietary fiber (g);

10 sugars (g); and

11 protein (g).

The regulation provides considerable detail on the placement, sizes of type, exceptions, and special circumstances. Therefore, establishments covered under this requirement are advised to refer to the rule at 21 C.F.R. § 101.11.