Kathryn Frey - Comment

There is no agency designated for compliance with the rule. It should be clarified whether or not local or state health departments will be responsible for assuring compliance. What assurances, if any, will be put in place as to whether the calories posted are accurate. Will there be a mechanism by which FDA checks the nutritional analysis of items in order to verify accuracy of the calories posted? In menu labeling that is currently in place, some chains list half sandwich calorie amounts next to listings for full items (because the half sandwich can be ordered with a bowl of soup, for example). Will the rule clarify that the posted calories are for an entire item? Calories should be listed for different versions of item, like whole wheat tortilla vs. corn tortilla, instead of a base calorie level and then expecting the consumer has to do the math to add the variations of the item. When foods are offered at a salad bar, etc., the calories should be listed as "per half cup" or "per one cup" -- not "per serving" -- to make the information easier to comprehend. If nutrient information is missing, how will that be administered and by who? If nutrient information is found to be inaccurate or misleading, how will that be administered and by who? The clause regarding market testing sounds reasonable but it also looks like an opportunity for a restaurant chain to offer calorie-laden food without notifying customers. Considering that market testing or a new product is often accompanied by signage at the ordering point, couldn't that signage include the calorie content for that item?