Troy Record - Guv wants state-wide food posting initiative

By Dave Canfield

ALBANY — Keeping with a fight he initiated in his January State of the State address, Gov. David Paterson announced legislation Monday that would require chain restaurants and convenience stores statewide to post the calorie counts of the foods they offer.

Which ones will be affected is not yet entirely clear, however, and some in the food service industry feel a more uniform application of posting requirements is necessary.

The legislation is closely tailored to similar initiatives already in place in New York City, where chain restaurants and mobile vendors must post calorie counts, but would extend it to also include other food-service operations that offer menu items prepared on-site, like some chain gas stations, so long as they have a standardized menu and operate nationally with at least 15 locations.

That would likely affect local shops like Stewart’s, a Paterson spokesman said, which cook and sell their own lunch items. However, exactly which businesses would fall under the law would like come about when regulations are finalized.

In a statement, Paterson noted that more than half of American adults are overweight or obese, and that the obesity rate among youngsters has skyrocketed in recent decades.

“The prevalence of obesity is a serious societal problem that can have devastating consequences for individuals and families,” Paterson said. “The legislation will help New Yorkers make better decisions about what they eat and will encourage more healthful choices, which will have a significant impact in reducing obesity.”

According to Paterson, a study conducted in New York City found that fast food customers who saw calorie contents purchased an average of 52 fewer calories than customers who did not.

Many fast food restaurants, including McDonald’s, Burger King, Wendy’s and Taco Bell post their full nutritional information online, and some post it on a chart in-store. And while most non-fast food chain restaurants do not post such information online, the majority of them currently operate in New York City and have thus created menus with calorie information.

“Most national chains are already doing this in New York City,” said Diane Mathis, a state Department of Health spokeswoman. “Most of these chains already have this information, they just need to post it on-site.”

For fast food restaurants, that would also include posting calories on menus at drive-thru windows, something Rick Sampson, president and CEO of the New York State Association of Restaurants, said would be a “nightmare.”

“We certainly have no problem with the consumer, our customer, knowing what the calorie count is,” he said. “We certainly applaud what he’s trying to do, but I think he needs to be more sensitive to the industry.”

He said he would like to see more flexibility and a limit set statewide that cannot be exceeded to prevent, for example, any of the state’s 62 counties from demanding that restaurants also post a sodium count.

A spokesman for national sit-down chain Applebee’s, which does not have nutritional information online, said something similar.

“We believe a patchwork of state and local regulations that aren’t universal will only confuse consumers and ultimately lead them to ignore this important information,” spokesman Miles McMillin said in an e-mail.

He noted that much of their food is prepared fresh in the kitchen, which can lead to variation in content. But the chain complies with all laws and will continue to do so, he said.

Where the proposed legislation goes beyond New York City’s initiative is in requiring the same of certain convenience stores.

Tom Mailey, a spokesman for Saratoga Springs-based Stewart’s Shops, which operates 316 stores in New York and a handful in two Vermont counties, said the company did not know enough about the law to comment extensively or even be sure if it applies to them.

“I guess we’re going to have to take a wait and see,” Mailey said. “We’ll see what we can find about it in the days to come, see how we react to it, and see what we have to do if it passes.”

If the law does apply to the shops, the information will likely be on a card or flip-book and not the product packaging itself, he said.

“The desire here is to reach as many customers as possible. The more information you provide leads to healthier food choices,” said Paterson spokesman Morgan Hook. “But it’s also not a desire to harm your smaller mom-and-pop businesses. Obviously, there is a small component of cost here.”

Paterson’s proposed legislation netted widespread support for health and physician groups, including the American Heart Association and the New York/New Jersey branch of the American Cancer Society.

“Many people know that excess pounds raise the risk of heart disease, hypertension, diabetes, and stroke, but few are aware of the link between obesity and cancer,” said Donald Distasio, CEO of the American Cancer Society branch. “Eleven thousand New Yorkers die each year from cancers caused by obesity and lack of physical activity.”

The governor touched on combating obesity in his State of the State address, though some of the initiatives he proposed around that time — like a tax on sweet drinks — were never adopted.

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