ORDINANCE NO. BL2009-415

An Ordinance amending Title 10 of the Metropolitan Code pertaining to the posting and dissemination of calorie information on restaurant menus and menu boards.

WHEREAS, on March 5, 2009, the Metropolitan Board of Health adopted regulations requiring any restaurant with fifteen or more locations nationwide to display calories for menu items clearly on the menu board and printed menus; and

WHEREAS, these new Board of Health regulations place an unreasonable financial burden on the restaurants covered by the rule, and could subject such restaurants to legal liability if the calorie information is incorrect; and

WHEREAS, Section 10.104 of the Charter of the Metropolitan Government of Nashville and Davidson County provides that no rule or regulation adopted by the Metropolitan Board of Health shall be contrary to any Metropolitan ordinance.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Title 10 of the Metropolitan Code is hereby amended by adding the following new Chapter 10.10:

Chapter 10.10 DISPLAY OF CALORIE INFORMATION

10.10.010 Definitions.

“Food service establishment” shall mean a food service establishment as defined by Tennessee Code Annotated § 68-14-302 or a retail food store as defined by Tennessee Code Annotated § 53-8-203, located within the area of the Metropolitan Government of Nashville and Davidson County.

“Menu” shall mean a printed list or pictorial display of a food item or items and their price(s) that are available for sale from a covered food service establishment and shall include menus distributed or provided outside of the establishment. “Menu” does not include printed or pictorial materials used for marketing purposes that contain fewer than ten percent of a menu’s items.

“Menu board” shall mean any list or pictorial display of a food item or items and their price(s) posted in the area of the point of ordering and visible within a covered food service establishment or outside of a covered food service establishment for the purpose of ordering. “Menu board” does not include printed or pictorial materials used for marketing purposes that contain fewer than ten percent of a menu’s items.
“Menu item” shall mean any individual food or drink item, or combination of food or drink items, listed or displayed on a menu board or menu, or identified by a food item tag that is/are sold by a covered food service establishment.

10.10.020 Display of calorie information not required.

Notwithstanding any rule or regulation of the metropolitan board of health to the contrary, no food service establishment shall be required to print, post, list, display, or otherwise disclose the calories of any menu item on any menu or menu board.

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Tim Garrett, Jim Gotto, Rip Ryman, Greg Adkins, Michael Craddock