Communique for councils Information update on the requirements for display of nutritional information - June 2016 Background Since February 2012, Sections 106K to 106R of Food Act 2003 and Clauses 30 to 37 of Food Regulation 2015 have required NSW ‘standard food outlets’, i.e. ones that sell ‘standard food items’, to display nutritional information. This captures the majority of NSW fast food outlets. The legislation is commonly referred to as ‘fast choices’. Certain fast food and snack food chains are required to display nutritional (kilojoule) information for their ‘standard food items’ at the point of sale, or on platforms where customers may purchase food (e.g. apps). Since 2013, there are an additional 14 chains required to display kilojoule (kJ) information, bringing the total number of chains in NSW that need to comply to 57. The new chains are listed at the top of the table in Attachment 1. One chain (Ali Baba) was voluntarily displaying kJ information but has since removed kJ information from their menus. Which chains must comply? Standard food outlets only need to comply if they have: 20 or more locations in NSW, or 50 or more locations nationally. Standard food outlets must display kJ information for standard food items that are: ready-to-eat food (not pre-packaged), sold in single or multiple serves that are standardised for portion and content, and shown on a menu or displayed with a price or label. Since February 2013 certain supermarkets have been required to display nutritional information for ready-to-eat standard food items including: hot chickens deli salads hot deli meals (e.g. lasagne, potatoes, sausage rolls, nuggets) selected bakery products (e.g. cheese and bacon rolls, hot cross buns, custard tarts, doughnuts, whole cakes) sushi and sashimi Packaged grocery items with a Nutrition Information Panel (NIP), and products baked and packaged in store with a NIP, are exempt from the requirements. It is only those ready-to-eat products similar to items sold in fast food and snack food chains that are required to comply with the requirements. Communique for councils FRP/C013/1606 Page 1 of 5 Information update on the requirements for display of nutritional information - June 2016 Only supermarkets with greater than 1000m2 of floor area used for the retail sale of grocery items are required to comply. The following businesses are exempt from the requirements: Convenience stores Service stations Food catering service providers Restaurants and cafes with no takeaway services Retail food sold at a healthcare facility What information must be displayed? Standard food outlets must display the following nutritional information: Energy content of each standard food item (expressed in kJ) Reference statement ‘The average adult daily energy intake is 8700kJ’ Fast food and snack food chains must display the kJ information for the whole item. Supermarkets have the choice to display the kJ information for the whole item or in the same measure used for nutritional information panels (ie per 100g). Where kJ information must be displayed? For fast food and snack food chains, the average kJ content must be displayed on printed and electronic menus (static and non-static) at the premises. This includes menu boards, posters, leaflets, LCD screens, drive through menus, display cabinet tags that display the name or price of a standard food item. For supermarkets, the average kJ content must be displayed on the shelf edge tickets, display cabinet labels, posters and menu boards. For all businesses, the reference statement must be displayed on menus as well as in each area or display cabinet or on each stand. The kJ information does not need to be displayed for electronic or print advertising (e.g. billboards, newspaper, television, emails) and food illustrations (i.e. graphics) that are without a name or price, as these do not meet the definition of a ‘menu’ in the legislation. The kJ information and reference statement will need to be displayed in apps developed by the business, if customers can order food directly through the apps. The same requirements apply to web based ordering platforms, if customers may purchase directly through these platforms (e.g. menulog). Compliance role of councils From 1 July 2013, council environmental health officers (EHOs) have been observing whether kJ signage is present during routine inspections of affected businesses. This is simply a matter of checking whether the signage is present or absent – EHOs are NOT being asked to check Communique for councils FRP/C013/1606 Page 2 of 5 Information update on the requirements for display of nutritional information - June 2016 whether the signage meets the specific requirements (e.g. font type and size etc.) under the legislation. Council EHOs should continue to record on the Food Premises Assessment Report (FPAR) of affected businesses, whether nutritional information is displayed. Council activity reports will continue to seek information on the number of businesses affected by the requirements and how many of these have failed to display signage. If you identify that signage is absent or there are any standard food outlets displaying nutritional information that are not listed on Attachment 1 below, please contact the NSW Food Authority (Food Authority) Helpline on 1300 552 406. Implementation and compliance role of the Food Authority The Food Authority will continue to be responsible for assessing online menus (including apps) and takeaway menus. The Food Authority will also maintain responsibility for conducting investigations of alleged non-compliance with this legislation. The Food Authority will maintain the list of businesses that are affected by the requirements and continue to provide implementation assistance to new businesses that come into scope. Compliance activities to date have shown that for established chains usually only minor issues are identified. In these events, the Food Authority contacts head office where issues are promptly dealt with for that store and/or more broadly for all outlets of the chain. Offences created under section 106N and 106O of the Food Act 2003 apply to non-compliant businesses affected by the requirements. Penalty notice fines range from $330 to $880 for individuals and $660 to $1760 for corporations. The Food Authority strongly recommends that all issues of perceived non-compliance with this legislation identified by EHOs through the inspection process are referred to the Food Authority for investigation and subsequent action. Resources for council officers To assist EHOs with the requirements, a number of resources are available: Factsheet - provides a summary of the requirements http://www.foodauthority.nsw.gov.au/_Documents/retailfactsheets/nutrition_info_requir ements_for_food_outlets.pdf User Guide - provides detailed information on the requirements http://www.foodauthority.nsw.gov.au/_Documents/retail/fastchoices_user_guide.pdf List of affected businesses (see Attachment 1) Consumer information A complementary consumer education campaign 8700: Find your ideal figure was launched in 2012 to help consumers understand kJ information displayed on menus. Communique for councils FRP/C013/1606 Page 3 of 5 Information update on the requirements for display of nutritional information - June 2016 NSW Health is responsible for consumer education on kJ labelling and they have integrated 8700 Find your ideal figure into their ‘Make Healthy Normal’ campaign. This campaign includes eight free initiatives to help make healthy normal and tackle overweight and obesity, of which 8700 Find your ideal figure is one. See www.makehealthynormal.nsw.gov.au Further information or advice For assistance, support and advice, relating to the display of nutritional information please contact the Food Authority’s Helpline on 1300 552 406. Attachment 1: List of ‘standard food outlets’ affected by the legislation for the display of nutritional information, as at July 2016 Number Number of stores of stores Chain Parent Company Food Type in NSW nationally NEW fast food and snack food chains in scope Caffe Cherry Beans Caffe Cherry Beans Café/Coffee 27 45 Guzman y Gomez Guzman y Gomez Mexican Mexican 27 70 Taqueria Le Wrap Le Wrap Sandwiches 21 22 Mad Mex Mad Mex Mexican 28 54 Oliver Brown Oliver Brown Chocolatier/Coffee 29 33 Salsa’s Retail Zoo Mexican 8 57 San Churro San Churro Chocolateria Chocolatier/Coffee 14 51 Schnitz Schnitz Fast food 7 54 Shingle Inn Shingle Inn Café/Coffee 10 52 Soul Origin Soul Origin Fresh Food Co Salads/Coffee 29 32 Sushi Hub Sushi Hub Sushi 28 34 The Coffee Emporium The Coffee Emporium Café/Coffee 28 29 Three Beans Three Beans Holdings Pty Ltd Café/Coffee 21 21 Top Juice Top Juice Juice/Salads 39 61 All other fast food and snack food chains in scope Baker's Delight Baker’s Delight Holding Bakery 150 535 Baskin and Robbins Dunkin' Brands Ice Cream 21 90 Boost Juice Retail Zoo Beverages 61 182 Breadtop Breadtop Bakery 19 58 Brumby's Retail Food Group Bakery 30 295 Chatime Chatime Beverages 25 35 Coffee Club – Club or Kiosk The Coffee Club Café/Coffee 40 176 Cold Rocks Ice Creamery Franchise Food Company Ice Cream 22 96 Crust Gourmet Pizza Bar Crust Gourmet Pizza Bar Pizza 45 109 Dominos Domino’s Pizza Enterprises Ltd Pizza 156 413 Communique for councils FRP/C013/1606 Page 4 of 5 Information update on the requirements for display of nutritional information - June 2016 Number Number of stores of stores Chain Parent Company Food Type in NSW nationally Donut King Retail Food Group Donuts