Have you ever unveiled the mask of the Code of Federal Regulations (CFR)? It can be frightening trying to make your way through these daunting documents. Some of the text is so terrifying - it may seem you need a law degree to decipher it.

Title 21 of the CFR refers to food and drugs, and Part 101 pertains to food labeling. At On The Menu, LLC we take the chill out of the blood curdling regulations laid open before you. If you need guidance up the rickety ladder of food labeling please contact the experts. We will take the “boo” out of this scary story leaving you smiling.

Happy Halloween!

Julie and Rebekah

We often hear confusion over the U.S. Food and Drug Administration’s (FDA) requirement to display the name and place of business of the manufacturer, packer or distributor on packaged food products. Plain and simple, this information is mandatory and the FDA has specific guidelines on how it should be listed.

The name and place of business should be clearly displayed on the Principal Display Panel or the Information Panel.

It is acceptable to list a manufacturer or distributor if the food is not manufactured by the business named on the label. In this case, factual terms such as “Manufactured by” or “Distributed by” should be used.

The place of business must include a street address, city, state and zip code. The street address can only be omitted if the business is listed in the current telephone directory and an interested party can find the business within a reasonable effort. The city, state and zip code must still be present even if the street address is omitted. Post office boxes are not acceptable substitutions for street addresses.

Additional information, such as phone numbers and websites can be included, but are not required.

Please refer to the Code of Federal Regulations, Title 21, Part 101.5 for details or contact On The Menu, LLC.

The Weld County Department of Public Health & Environment is helping Weld County restaurants participate in the State’s Smart Meal Seal initiative (please see last week’s posting, Colorado Takes a Bite Out of Obesity for more information on the Smart Meal Seal). 

So far, three area restaurants are touting their healthier menu choices. Woody’s has a wonderful homemade granola on their menu. Coyote’s has a scrumptious Steak Rojo with black beans and grilled vegetables. And, the Greeley Country Club offers both Chicken Breast with warm peach salsa and Cornmeal Seared Sea Scallops, which are fantastic.

There are several restaurants, including Harvest, waiting in line to begin the analysis process. If you’re a restaurant owner in Weld County and interested in participating in the Smart Meal Seal initiative, you’re in luck. The Weld County Department of Public Health & Environment covers the fee for recipe analysis. Please get in touch with Project Coordinator, Denise Retzlaff, at dretzlaff@co.weld.us for more information.

According to Denise, “Weld County is committed to this program. In fact, we support the program so much we’ve paid up front for 20 more recipe analyses from On The Menu to work with various restaurants. We want the people in our community to know what they’re getting when they eat out. “

Our country’s obesity epidemic is frequently blamed on dining out. Americans spend almost half (44.4%) of their food dollars on foods away-from-home according to the Bureau of Labor Statistics’ 2005 Consumer Expenditure Survey. Often restaurant meals are higher in calories and fat and lower in nutrients than meals eaten at home, so the blame is not completely unfounded.

It looks like the trend of eating out will continue to grow. What can restaurant owners and managers do to better educate their guests about the nutritious selections available on their menu? The Colorado Department of Public Health & Environment has an answer—they’ve established the Smart Meal Seal initiative, part of the Small Steps for Healthy Leaps program. They team up with restaurants to help identify menu items that meet specific nutrition criteria. Once a dish qualifies the restaurant can use the State’s Smart Meal Seal logo on their menu to help customers identify healthier dishes. Consumers eating an identified Smart Meal dish can be assured that it’s a nutritious choice. To earn the seal a dish must be lower in total fat (30 percent or less of total calories), saturated fat and sodium, free of trans fat, 700 calories or less and include components such as beans, whole grains, fruits or vegetables.

The State’s program is picking up speed as food giants like McDonald’s get on board. If your restaurant is interested in participating you can contact Barry Strand with the Colorado Department of Public Health & Environment at Bstrand@cdphe.state.co.usus or 303-692-2574. As the State’s suggested nutrition analyst, On The Menu can determine if your menu items qualify for the seal. We will assist you with recipe modification to guarantee qualification. Your participation in this state-wide program guarantees your restaurant the support and endorsement of the Colorado Department of Public Health & Environment.

With October knocking on our door, it’s the time of year when our food cravings change from salads to soups. It can be challenging for restaurants to incorporate good nutrition into comfort food that sustain us in the fall. And yet, the yearning for healthy foods (albeit tasty and comforting too) doesn’t stop.

Here are a few quick bites to incorporate into your fall menus:

• Opt for whole grains, rather than nutritionally empty refined grains. Easy whole grains to add include brown rice, oats and whole wheat into your menu items.

• Include seasonal fruits and vegetables that are loaded with nutrients, such as apples, cabbage, carrots, cranberries, pears, sweet potatoes and winter squash.

• Add a note of richness, flavor and texture to dishes with fiber and protein rich nuts.

If your restaurant is incorporating healthy foods into the menu, why not tell your customers about it? At On The Menu, we can help identify and analyze menu items that promote health. We specialize in recipe analysis and nutrition marketing for restaurants and can bring light to your fall harvest.

It’s thrilling for residents and visitors of Denver to have more and more gluten-free dining options available. According to our staff dietitian, Rebekah Spetnagel, MSS, RD, “The rise in people diagnosed with Celiac Disease and wheat intolerances has led to an increase demand for gluten-free foods.” Denver’s restaurants are starting to get the message as more establishments offer gluten-free menus.

People avoiding gluten love to dine out as much as anyone, but their choices tend to be limited, boring and sometimes hazardous. Often a restaurant’s staff is not educated on a gluten-free diet, leaving the job up to the customer. Imagine having to explain your diet every time you dine out? If the message doesn’t reach the kitchen staff or isn’t thoroughly understood, then dining out becomes a health risk. The experience can leave a bad taste in the mouth and a stomach ache to boot.

Gluten-free dining is a win-win for everyone. Gluten-free dining options create many happy guests. And happy guests are loyal customers.

We at On The Menu, LLC have a division of our company called the Gluten DetectivesÒ. We help restaurants solve the mystery of offering gluten-free foods. We investigate foods; tracking down suspect ingredients and running background checks to ensure a gluten-free outcome. We educate restaurant staff on the gluten-free diet and provide them with tips to prevent cross contact.

If you own or manage a restaurant and are interested in offering a gluten free menu we would love to talk with you. If you are avoiding gluten, may we suggest you try gluten-free foods offered at the following restaurants: Beau Jo’s, Blue Bonnet, Deby’s Gluten Free Bakery & Café, India’s Corner and Masalaa Denver. For more information on these restaurants please check out the Gluten DetectivesÒ.

Warning to restaurants: A gluten free menu has been linked to increased sales.

At On The Menu one of our specialty services is assisting our clients with FDA regulated nutrition claims. Determining which claims a food product qualifies to use is not as simple as you may think. Some claims, such as “sugar free,” may qualify only if a disclaimer is stated along with the claim. Due to an increase in improper use of the “sugar free” claim, the FDA’s director of the Office of Nutritional Products, Labeling, and Dietary Supplements has issued a warning letter addressing the concern. In this letter (below) you will see companies cautioned on the use of the claim and the need for a potential disclaimer. If you’re in question on how to use a claim, never rely on your competitors’ claims for accuracy. For more information on claims visit the FDA website or contact the food labeling experts at On The Menu.  

Attention: 

The Food and Drug Administration (FDA) is concerned about the number of products we have seen that contain claims regarding the absence of sugar, such as, “sugar free” but that fail to bear the required disclaimer statement when these foods are not “low” or “reduced in” calories or fail to bear the required disclaimer statement in the location or with the conspicuousness required by regulation.  As part of our continuing effort to reduce the incidence of obesity in the

Under the authority of the Nutrition Labeling and Education Act of 1990, FDA issued regulations for the nutrient content claim “sugar free” 58 Federal Register (FR) 2302 at 2415.  “Sugar free” is defined in Title 21 of the Code of Federal Regulations 101.60(c) (21 CFR 101.60(c)) as a claim that may be used on a food that contains less than 0.5 g of sugars, as defined in § 101.9(c)(6)(ii), per reference amount customarily consumed and per labeled serving (21 CFR 101.60 (c)).  For a food that meets the definition of a “meal” in 21 CFR 101.13(l) or “main dish” in 21 CFR 101.13(m), the food must contain less than 0.5 g of sugars per labeled serving.  In addition, such foods may not contain any ingredient that is a sugar or that is generally understood by consumers to contain sugars, unless the listing of the ingredient in the ingredient statement is followed by an asterisk that refers to the statement that appears below the list of ingredients, and that provides: “adds a trivial amount of sugar,” “adds a negligible amount of sugar,” or “adds a dietarily insignificant amount of sugar.”  FDA has historically taken the position that consumers may associate claims regarding the absence of sugar with weight control and with foods that are low calorie or that have been altered to reduce calories significantly.  Therefore, the definition for “sugar free” includes the requirement that any food that is not low or reduced in calorie disclose that fact.  Without such information some consumers might think the food was offered for weight control.  See 56 FR 60421 at 60435.  Consequently, the definition for “sugar free” includes the requirement that the food be labeled with the claim “low calorie” or “reduced calorie” or bear a relative claim of special dietary usefulness labeled in compliance with 21 CFR 101.60(b)(2), (b)(3), (b)(4), or (b)(5) or such claim is immediately accompanied, each time it is used, by one of the following disclaimer statements: “not a reduced calorie food,” “not a low calorie food,” or “not for weight control” (see 21 CFR 101.60(c)(1)(iii)).  The disclaimer statement, when required, must accompany the claim each time it is used.  In addition, the disclaimer statement is subject to the requirements of 21 CFR 101.2(c) and must appear prominently and conspicuously but in no case may the letters be less than one-sixteenth inch in height. 

FDA encourages food manufacturers and distributors to review their labels and ensure that any food that bears a claim regarding the absence of sugar meet each of the requirements for that claim including the placement and conspicuousness of the disclaimer statement in 21 CFR 101.60(c)(1)(iii) when required.  FDA will take appropriate action, consistent with our priorities and resources, when we find problems with the use of nutrient content claims regarding the absence of sugar in foods. 

Sincerely, 

Barbara O. Schneeman, Ph.D.

Director, Office of Nutritional Products, Labeling, and Dietary Supplements Center for Food Safety and Applied Nutrition

Food and Drug Administration

What does the future hold for restaurant menu labeling? The Center for Science in the Public Interest believes laws requiring chain restaurants to list calories on menu boards are just around the corner.

California is one of many states considering legislation to mandate menu labeling. Follow link for information on Menu Labeling Legislation Gaining Momentum In California. 

If you would like to determine the nutrition content of your menu items, contact the nutrition and labeling experts at On The Menu to get started.

The Food and Drug Administration (FDA) allows modified formats of the standard Nutrition Facts food label. One of the recognized formats is a dual declaration or dual listing label. This label provides nutrition information on a product prepared, served or consumed in two ways. A dual declaration label is commonly seen on dried mixes, such as cake, soup or macaroni and cheese. It is also frequently used with cereal and sometimes used to denote various serving sizes.   When using a dual declaration label for a dried mix (see Figure A), the first column shows nutrition information for the product as purchased and the second column shows nutrition information for the product prepared as directed on the package. Figure B illustrates both dry cereal and cereal served with milk. Figure C shows a food consumed in two different serving sizes. In this case it is a single serving bag of chips with nutrition information for both the FDA reference weight (30 g) and the entire bag.  Your customers will appreciate the additional information they receive from a dual declaration label. For help with a dual or other format Nutrition Facts food label, please contact the experts at On The Menu, LLC.

Figure A

Figure B

Associated Press journalist, Susan Chang, interviewed us for her article, “Nutrition Analysis Companies See Spike in Demand,” which went out on the wire July 6, 2007.