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    AN ACT concerning health.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 1. Short title. This Act may be cited as the Menu 
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Labeling Act.
 
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    Section 5. Definitions. In this Act:

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    "Covered food service establishment" means a food service 
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establishment within this State that is one of a group of 15 or 
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more food service establishments doing business nationally, 
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offering
for sale substantially the same menu items in servings 
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that are standardized for portion size and content,
and that 
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operate under common ownership or control, or as franchised 
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outlets of a parent business, or do
business under the same 
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name. "Covered food service establishment" does not include a 
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restaurant that does not have a public viewing menu board and 
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distributes printed menus to individual customers.
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    "Menu" means a printed list or pictorial display of a food 
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item and its price that is
available for sale from a covered 
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food service establishment and includes menus distributed or

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provided outside of the establishment.
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    "Menu board" means any list or pictorial display of a food 
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item and its price posted
in and visible within a covered food 
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service establishment or outside of a covered food service

 


 






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establishment for the purpose of ordering from a drive-through 
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window.
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    "Menu item" means any individual food item, or combination 
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of food items, listed or displayed
on a menu board or menu that 
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is sold by a covered food service establishment.
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    "Food item tag" means a label or tag that identifies any 
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food item displayed for sale at a covered
food service 
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establishment.
 
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    Section 10. Scope and applicability. This Act shall apply 
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to menu items that are served in portions the size and
content 
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of which are standardized at a covered food service 
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establishment. This Act shall not apply to
menu items that are 
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listed on a menu or menu board for less than 30 days in a 
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calendar year. This Act shall not apply to beverage alcohol, 
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the labeling of which is not regulated by the federal Food and 
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Drug Administration.
 
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    Section 15. Posting of calorie information. 
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    (a) All menu boards and menus in any covered food service

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establishment shall display the total number of calories 
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derived from any source for each menu item they list.
The 
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information shall be listed clearly and conspicuously, and 
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adjacent to or in close proximity of the item that it describes 
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so as to be
clearly associated with the menu item, using a font 
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and format that is at least as prominent in size and
appearance 
 


 






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as that used to post either the name or price of the menu item.
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    (b) Calorie content values (in kcal) required by this 
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Section shall be based upon a
verifiable analysis of the menu 
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item, which may include the use of nutrient databases, 
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laboratory testing,
or other reliable methods of analysis, and 
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shall be rounded to the nearest 10 calories for calorie
content 
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values above 50 calories and to the nearest 5 calories for 
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calorie content values 50 calories
and below.
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    (c) When a food item is displayed for sale with a food item 
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tag, the food item tag
shall include the calorie content value 
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for that food item in a font size and format at least as 
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prominent as
the font size of the name of the food item.
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    (d) Calorie content values at drive-through windows shall 
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be displayed on
either (i) the drive through menu board or (ii) 
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an adjacent stanchion visible at or prior to the point of

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ordering, so long as the calorie content values are as clearly 
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and conspicuously posted on the stanchion
adjacent to their 
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respective menu item names as the price or menu item is on the 
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drive-through menu
board.
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    (e) The following shall apply where there is a range of 
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calorie content values for different flavors, varieties, or 
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combinations of a menu item:
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        (1) For menu items offered in different flavors and 
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    varieties, including,
but not limited to, beverages, ice 
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    cream, pizza, and doughnuts, the range of calorie content 
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    values
showing the minimum to maximum numbers of calories 
 


 






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    for all flavors and varieties of that item shall be
listed 
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    on menu boards and menus for each size offered for sale. 
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    However, the range need not
be displayed if calorie content 
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    information is included on the food item tag identifying 
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    each flavor or
variety of the food item displayed for sale, 
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    in accordance with subsection (c) of this Section.
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        (2) For combinations of different food items listed or 
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    pictured as a single menu item,
the range of calorie 
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    content values showing the minimum to maximum numbers of 
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    calories for all combinations of that menu item shall be 
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    listed on menu boards and menus. If there is only one 
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    possible
calorie total for the combination, then that total 
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    shall be listed on menu boards and menus.

 
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    Section 20. Administration; enforcement. The Department of 
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Public Health shall adopt rules to administer and enforce this 
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Act.