NYC Salt Warning Requirement

Effective December 1, 2015 food service establishments (FSE) will be required to add a salt warning to their food labels.

Article 81 of the NYC Health Code will be amended with an added section (81.49) that will require that FSEs that are part of chains with more than 15 locations nationally to add a warning label to menus and menu boards, identifying food items that contain very high levels of sodium (2,300mg or more) for locations in NYC. 

Both quick-service and sit-down restaurants will be affected by this new rule.

Affected businesses are food service establishment, as defined in §81.03 of the Health Code and permitted by the Department, that is part of a chain with 15 or more locations doing business under the same name and offering for sale substantially the same menu items, as well as a food service establishment, as defined in §81.03 of the Health Code and permitted by the Department, that voluntarily registers with the United States Food and Drug Administration to be subject to the federal requirements for nutrition labeling of standard menu items.

The following warning must be provided.

(1) An icon must appear on a menu or menu board next to any food item with a high sodium content, or on a tag next to any food on display that is a food item with a high sodium content:

The icon must be a black and white equilateral triangle as wide as it is tall and equal in height to the largest letter in the food item’s name, as displayed on the menu, menu board, or tag next to any food on display; and

(2) The following statement must be posted conspicuously at the point of purchase: “Warning: indicates that the sodium (salt) content of this item is higher than the total daily recommended limit (2300 mg). High sodium intake can increase blood pressure and risk of heart disease and stroke.”

Failure to comply with this new rule will be met with a $200 fine after going before a Tribunal operated by the Office of Administrative Trials and Hearings.  Enforcement.

Sources:
NYC Salt Warning Rule
Article 81 of the NYC Health Code

By Wendy Stewart