TOPEKA — It's not clear what will happen to federal health reform legislation that would require chain restaurants to label menu items, but the Kansas Legislature won't take any action on the measure this year.
Versions of health reform legislation in the U.S. House and Senate would each require chain restaurants - those with more than 20 locations - to provide information about calories on menus and menu boards.
The issue is supported at the federal level by the National Restaurant Association, said Don Sayler, chief executive officer of the Kansas Restaurant and Hospitality Association. Even if the health reform vote expected early next week isn't successful, the national organization has vowed to work with Congress to enact nationwide menu labeling standards.
"As part of the compromise (between the national association and other groups) that legislation would preempt any state action," Sayler said. "I'm standing out here in a budget crisis. Why would I ever encourage this state to do something I know will be preempted?"
The Senate Public Health and Welfare Committee on Thursday held an informational discussion on the issue, but did not discuss the specifics of Senate Bill 505, a bill introduced earlier this year that would have required chain restaurants in Kansas to post nutritional facts on menus.
"If something happens at the federal level, it probably would override anything we'd pass unless it was more restrictive," said Sen. Laura Kelly, D-Topeka. "I think it's good to have the conversation, but I wouldn't be interested in working any legislation."
The committee heard from both Sayler and State Health Officer Dr. Jason Eberhart-Phillips.
Eberhart-Phillips compared menus without caloric information to menus without prices.
"In the transaction of purchasing a meal, there is currently an asymmetry of information between buyer and seller," he said. "The buyers - diners looking for a healthy meal - are left in the dark to make vague judgments about just how fattening each option on the menu may be."
Eberhart-Phillips said public health officials at the Kansas Department of Health and Environment "obviously hope" that Congress will pass health reform.
"If it does not, I would ask that as a committee you direct my department to work with the restaurant industry to develop a plan to introduce a workable menu labeling bill into the next session of the Kansas Legislature to ensure that Kansans aren't denied the benefits of menu-labeling for more than another year," he said.
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