LOS ANGELES (Sept. 11, 2008) In what may be a prod
to make California the first state to mandate menu labeling, the Los Angeles
City Council voted Wednesday to draft its own requirement that chain restaurants
disclose nutrition information on menus and menu boards.
The council voted unanimously to craft a local mandate following a
recent vote by Los Angeles County to draft similar legislation. In addition,
members of the 14-member council said they would halt their push for local
legislation if a labeling requirement already passed by the California
Legislature is signed into law by Gov. Arnold Schwarzenegger. That measure
expressly pre-empts any county or local disclosure requirements.
Some council members said they hoped to send a message to the
governor that one of the state’s most restaurant-dense cities is prepared to act
if he doesn’t.
The state measure, SB 1420, also is favored by the California
Restaurant Association, which has said it would prefer one statewide requirement
to a patchwork of local regulations. It describes the legislation as a
compromise measure.
The law to be drafted by the Los Angeles City Council would
require units of chains with at least 15 branches to post nutrition information
on menus and menu boards.
The state measure originally was written to apply to outlets of
chains with at least 15 stores statewide, but that threshold was raised to 20
stores at the request of the CRA.
SB 1420 would take effect next July. But until January 2011,
qualifying chain restaurants would have two ways of complying. The places could
either post calorie counts on their menus or menu boards for all standard items,
or provide more detailed nutrition information in brochures available to
customers at the point of sale.
As of 2011, calorie information would have to be posted on menus
and menu boards.
Schwarzenegger has said he would not sign any pending legislation
until California’s lawmakers hammer out a state budget. If the menu-labeling
bill is not signed by the governor by Sept. 30, the law would be nullified.
The first draft of the proposed Los Angeles mandate is expected to
come before the City Council for a vote in early October, and, if approved,
could be implemented as early as November.
The Los Angeles County legislation would apply to chain
restaurants in unincorporated areas of the jurisdiction.
Labeling requirements also have been passed in San Francisco and
Santa Clara counties.