An Act To Conform Maine Menu Labeling Laws to Federal Standards
Maine Legislature, Session 125, LD 0936
Committee: Health and Human Services
Sponsors: STRANG BURGESS, McCORMICK, FOSSEL, MALABY, O'CONNOR, LANGLEY, PLOWMAN, SULLIVAN, WOODBURY
Amends: 22 MRSA §2491, 22 MRSA §2500-A

Legislative Document 
No. 936 
H.P. 696 
House of Representatives, March 8, 2011 
An Act To Conform Maine Menu Labeling Laws to Federal 
Standards 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Senator McCORMICK of Kennebec and 
Representatives: FOSSEL of Alna, MALABY of Hancock, O'CONNOR of Berwick, Senators: 
LANGLEY of Hancock, PLOWMAN of Penobscot, SULLIVAN of York, WOODBURY of 
Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2491, sub-§2-A, as enacted by PL 2009, c. 395, §1 and 
affected by §8, is repealed. 
Sec. 2.  22 MRSA §2491, sub-§7-A, as enacted by PL 2009, c. 395, §3 and 
affected by §8, is repealed. 
Sec. 3.  22 MRSA §2491, sub-§7-B, as enacted by PL 2009, c. 395, §4 and 
affected by §8, is repealed. 
Sec. 4.  22 MRSA §2491, sub-§7-C, as enacted by PL 2009, c. 395, §5 and 
affected by §8, is repealed. 
Sec. 5.  22 MRSA §2491, sub-§7-D, as enacted by PL 2009, c. 395, §6 and 
affected by §8, is repealed. 
Sec. 6.  22 MRSA §2500-A, sub-§1, as enacted by PL 2009, c. 395, §7 and 
affected by §8, is repealed. 
Sec. 7.  22 MRSA §2500-A, sub-§2, as enacted by PL 2009, c. 395, §7 and 
affected by §8, is repealed. 
Sec. 8.  22 MRSA §2500-A, sub-§3, as enacted by PL 2009, c. 395, §7 and 
affected by §8, is repealed. 
Sec. 9.  22 MRSA §2500-A, sub-§4, as enacted by PL 2009, c. 395, §7 and 
affected by §8, is repealed. 
Sec. 10.  22 MRSA §2500-A, sub-§5, as enacted by PL 2009, c. 395, §7 and 
affected by §8, is repealed. 
Sec. 11.  22 MRSA §2500-A, sub-§6, as enacted by PL 2009, c. 395, §7 and 
affected by §8, is repealed. 
Sec. 12.  22 MRSA §2500-A, sub-§7, as enacted by PL 2009, c. 395, §7 and 
affected by §8, is amended to read: 
7.  Compliance; enforcement.  The department or an agent authorized to inspect an 
eating establishment under section 2499 shall ensure compliance with the provisions of 
this section but is not required to verify the accuracy of the caloric information required 
by this section the Federal Food, Drug, and Cosmetic Act, 21 United States Code, Section 
343(2010). Upon request a chain restaurant shall provide to the department 
documentation of the accuracy of the information required by subsection 1 the Federal 
Food, Drug, and Cosmetic Act, 21 United States Code, Section 343(2010). A violation of 
this section the Federal Food, Drug, and Cosmetic Act, 21 United States Code, Section 
343(2010) is a violation of the Maine Unfair Trade Practices Act, enforceable against the 
owner or franchisee of the eating establishment, except that no private remedies exist 
under Title 5, section 213.  This section may not be construed to create or enhance any 
claim, right of action or civil liability that did not exist under state law prior to the 
effective date of this subsection or limit any claim, right of action or civil liability that 
otherwise exists under state law.  No private right of action arises out of this section.  The 
only mechanism for enforcing this section is as provided in this subsection. 
Sec. 13.  22 MRSA §2500-A, sub-§8, as enacted by PL 2009, c. 395, §7 and 
affected by §8, is amended to read: 
8.  Uniformity of regulation; preemption.  To the extent consistent with federal 
law, the regulation of disclosure of caloric and nutritional information is a matter of 
statewide concern, and state law governing that disclosure occupies the whole field of 
regulation regarding disclosure by chain restaurants of nutritional information and 
requirements regarding the content required to be posted on menus, menu boards and 
food display tags.  The department shall adopt rules consistent with the requirements of 
the Federal Food, Drug, and Cosmetic Act, 21 United States Code, Section 343(2010), to 
enforce the provisions of that section.  Rules adopted pursuant to this subsection are 
major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.  A local 
government may not adopt an ordinance regulating the dissemination of caloric or 
nutritional information or requiring information to be placed on menus, menu boards or 
food display tags by a chain restaurant, and any ordinance or regulation that violates this 
subsection is void and has no force or effect. 
SUMMARY 
This bill repeals provisions of law regarding menu labeling that have been preempted 
by the federal Patient Protection and Affordable Care Act, Public Law 111-148, Section 
4205(2010), which creates a uniform national approach to nutrition labeling for restaurant 
menus with a primary focus on calorie content.  The bill retains the current statutory 
definition of "chain restaurant" and directs the Department of Health and Human Services 
to adopt major substantive rules to locally enforce the provisions of 21 United States 
Code, Section 343(2010).