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TOPS BBQ
12-31-2009, 12:58 AM
Just wondering what the rules are for caterers on the whole posting of nutrition facts. Restaurants are required to post these at their establishments. Without having an area for someone to actually walk in and see are we required to provide them when asked via e-mail or other source?

I got an e-mail from someone, asking where my nutrition facts were. I blew it off, because I don't believe it pertains to caterers. But now I'm curious. I tried looking it up, but didn't find anything. My wife is a Registered Dietition and she said she never heard of a requirement for caterers. She said that if someone were to really be pressed, she could put something together for me. So at least I would be in the clear, but wondering if this has been asked from anyone else?

BBQ Grail
12-31-2009, 07:26 AM
You live, work and own a business in California. I never thought about it but you may have an issue. If I had not decided to move a different direction on my catering opportunities I'd now consult a lawyer and make sure I wasn't in the wrong.

EDIT: I would think the California BBQ Association would be proactive on this type of thing and be able to provide this information to it's members. Many are going to chime in here with advice that it's not needed. But the owner of a local nationally recognized hamburger stand didn't think he'd get sued for ADA violations either. The cost of one law suit will ruin a small business. Justified or not.

txschutte
12-31-2009, 08:02 AM
I had not thought about this, either. I may need to find out some info. The vending side is more like a restaraunt, but I may need it for catering. Calling my HD on Monday, thanks.

BBQ Grail
12-31-2009, 10:26 AM
The law is SB-1420...

The whole bill can be found here (http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_1401-1450/sb_1420_bill_20080930_chaptered.html)

The part you probably are most interested in:

SEC. 2. Section 114094 is added to the Health and Safety Code, to
read:
114094. (a) For purposes of this section, the following
definitions shall apply:
(1) "Food facility" means a food facility in the state that
operates under common ownership or control with at least 19 other
food facilities with the same name in the state that offer for sale
substantially the same menu items, or operates as a franchised outlet
of a parent company with at least 19 other franchised outlets with
the same name in the state that offer for sale substantially the same
menu items, except that a "food facility" does not include the
following:
(A) Certified farmer's markets.
(B) Commissaries.
(C) Grocery stores, except for separately owned food facilities to
which this section otherwise applies that are located in the grocery
store. For purposes of this paragraph, "grocery store" means a store
primarily engaged in the retail sale of canned food, dry goods,
fresh fruits and vegetables, and fresh meats, fish, and poultry.
"Grocery store" includes convenience stores.
(D) Licensed health care facilities.
(E) Mobile support units.
(F) Public and private school cafeterias.
(G) Restricted food service facilities.
(H) Retail stores in which a majority of sales are from a
pharmacy, as defined in Section 4037 of the Business and Professions
Code.
(I) Vending machines.

Searching the California State database produces no other bills that contain the work "nutrition" that would apply to restaurants.

txschutte
12-31-2009, 10:46 AM
I would have an attorney make sure how this law interprets "caterers". Does it fall under an excluded category, or since you have less than 20 outlets to your catering business...

Alotta fine lines there.

BBQ Grail
12-31-2009, 10:48 AM
I would have an attorney make sure how this law interprets "caterers". Does it fall under an excluded category, or since you have less than 20 outlets to your catering business...

Alotta fine lines there.

Or ask Cowgirl!

txschutte
12-31-2009, 11:14 AM
Or ask Cowgirl!
No can do.

I have it from a pretty reliable source (Billy, who's really spot on lately) that the Cowgirl series doesn't have enough interest, and is being cancelled.

BBQ Grail
12-31-2009, 11:20 AM
****hijack alert*****

TOPS BBQ
12-31-2009, 11:57 AM
Okay, from what I found; it's a California law. Secondly; although it doesn't specifically state it, the law was made for franchise businesses.

Unless you are rolling big time, there is no need to worry about it. If someone presses you for the information, you can reference the code listed by Larry. Thanks for the help.