Statement from King County Board of Health Chair Julia Patterson on Menu Labeling Ruling in New York City

“The King County Board of Health passed significant legislation this summer that requires chain restaurants to label their menus with nutrition information. This action was taken at the urging of 82 percent of local residents polled, in response to the growing obesity epidemic, and in our role promoting health and informed choices. The New York City Board of Health passed legislation that was similar in its subject, but significantly different in its implementation and in the criteria for what restaurants were affected.

“Our attorneys will review the judge’s ruling and will continue to watch as the case unfolds, while the Public Health department continues developing an implementation plan. The legislation takes effect in August of 2008, and we continue to move forward to assure its timely implementation.

“Because the New York City Board of Health passed legislation that requires only restaurants that have already completed a nutrition analysis to post the information, the regulation falls under the broader preemptive provisions of the Nutrition Labeling and Education Act. The Court distinguished the NY regulation from jurisdictions like King County, stating ‘[t]he majority of state or local regulations--those that simply require restaurants to provide nutrition information’ which are not preempted. Examples of regulations that are not preempted are ‘Such regulations that impose a blanket mandatory duty on all restaurants meeting a standard definition such as operating ten or more restaurants under the same name.’

“Our attorneys think that this language of the Court is favorable for the King County Board of Health nutrition labeling regulation.”