Must a Bevaris Alliance franchisee comply with menu and menu board labeling laws?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
The Franchise Agreement requires that you comply with all local, state, and federal laws that apply to the Branded Business.
You must obtain all required real estate permits, licenses, and operational licenses. You must also comply with all menu and menu board labeling laws and rules requiring restaurant operators to disclose certain calorie or other nutritional information about the foods you sell, including, for example, the FDA's Nutrition Labeling of Standard Menu Items in Restaurants and Similar Food Establishments Rule.
California law requires each food facility that meets specified criteria (which covers franchised outlets with at least 19 other franchised outlets with the same name among certain other food facilities) to provide nutritional information that includes, per standard menu item, the total number of calories, grams of saturated fat, grams of trans fat, and milligrams of sodium and to have menu boards to include the total number of calories. In California, local county health departments inspect restaurants and other retail food facilities to ensure compliance with safe food handling practices and adequacy of kitchen facilities. Other states and cities may have laws similar to California.
The Nutrition Labeling and Education Act ("NLEA") sets regulations for food labeling, including nutritional label standards, nutrient content claims, and health claims. NLEA applies to virtually all foods in the food supply, including food served and sold in restaurants. While NLEA specifies a number of exemptions for restaurants, there are many instances where a nutritional label is required.
This is not an exhaustive list, there are other local, state, and federal laws, rules, and/or regulations that apply to your operation of the Branded Business. Care should be taken to carefully review any additional laws, rules, and regulations that apply to the Branded Business.
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 6–7)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, franchisees must comply with all applicable menu and menu board labeling laws. The Franchise Agreement mandates adherence to all local, state, and federal laws relevant to the Branded Business. This includes obtaining necessary real estate, operational permits, and licenses, as well as complying with regulations that require restaurants to disclose calorie or other nutritional information about the food they sell. An example provided is the FDA's Nutrition Labeling of Standard Menu Items in Restaurants and Similar Food Establishments Rule.
The FDD highlights California law as an example, which requires food facilities meeting specific criteria (including franchised outlets with at least 19 other franchised outlets with the same name) to provide detailed nutritional information per menu item, including calories, saturated fat, trans fat, and sodium content. These establishments must also display calorie information on menu boards. The document notes that other states and cities may have similar laws to California.
The Nutrition Labeling and Education Act (NLEA) sets regulations for food labeling, including nutritional label standards, nutrient content claims, and health claims. While NLEA specifies a number of exemptions for restaurants, there are many instances where a nutritional label is required. The FDD emphasizes that this is not an exhaustive list and advises franchisees to carefully review any additional laws, rules, and regulations that apply to the operation of their Bevaris Alliance business.