Legal Concerns in Designing Restaurant Menus

Many states regulate offering specific foods in restaurants. There is little consistency from state to state, resulting in a morass of legal regulations that affects restaurants’ menu options.

For example, California’s bird feeding legislation effectively bans foie gras. New Mexico has specific requirements when using the phrase “New Mexico chilies” on menus. Multiple states regulate the foraging sources for wild mushrooms and require disclaimers in writing and specific labeling on menus when serving these foods to the public. In addition, the USDA and several states, including California, New York, and Oregon delineate standards for the term “extra virgin olive oil.”

When designing their menus, restaurant owners need to take specific steps to protect themselves.

• Know the law. When creating a menu, restaurants need to be aware of which foods are regulated in their local jurisdictions.
• Know your source. If the law requires a certified source, the restaurant should demand proof of certification from any vendors and warranties of compliance with pertinent laws.
• Know the market. If someone is trying to sell a product significantly below market value, consider that it may be adulterated or have a phony provenance.
• Keep up with insurance. Restaurants should check the terms of their own policies to ensure coverage for these kinds of issues. In addition, they should request information about their vendor’s insurance if their policies do not cover the errors of a third-party.
• Keep good records.  Restaurants should maintain records showing the entire supply chain of their food as they know it. In addition, they should keep copies of any warranties their suppliers offer.
• Design your menus with care.  Any statements made on menus about the food served in your establishment can be construed as advertising claims. Accordingly, they should not be deceptive. When designing your menus, think carefully about how you describe the foods you serve to ensure that the descriptions meet any applicable legal standards.