--A statement with suggested daily caloric intake posted prominently on the menu, for the public to understand, with explanation of caloric information in the context of a daily diet;

--A nutrient content disclosure statement close to the name of a standard menu item with number of calories;


--A written version of the nutrition information on the food items;

--Clear and conspicuous notification of the availability of the written version.

For self-service food and food on display (such as a salad bar, buffet line, cafeteria line), the establishment will be required to place next to each food item a sign that lists the calories per item or serving. The establishment will need to use reasonable means for determining the calories, such as nutrient databases, lab analysis, cookbooks, and other sources.

Regulations will be established of standards for determining nutrient content of standard menu items that have different flavors, varieties and combinations but are listed as a single menu item-such as soft drinks, ice cream, pizza, doughnuts, or children's combination meals. However, the law does not apply to items not on the menu (such as condiments) and daily specials and other temporary menu items.

In the case of vending machines, a vending machine operator will be required to provide a sign in close proximity to each article of food or the selection button that includes a clear and conspicuous statement disclosing the number of calories contained in the article.

Early Retiree Reinsurance Program

In other health reform news, HHS has announced that its Office of Consumer Information and Insurance Oversight is accepting applications for the Early Retiree Reinsurance Program. This is a measure in the Affordable Care Act to reimburse employers for medical claims for retirees age 55 and older who are not eligible for Medicare, and their spouses, surviving spouses, and dependents. Any employers who provide health coverage for early retirees are eligible to apply.

HHS says reimbursements will be available for 80 percent of medical claims costs for health benefits between $15,000 and $90,000. Program participants can submit claims for medical care from June 1, 2010.

HHS plans additional application assistance including a webinar to be available online this week.

More on the Early Retiree Reinsurance Program:
http://www.hhs.gov/news/press/2010pres/06/20100629a.html

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