Albany County, NY Public Health Rules: Calorie Labeling (2026)
Key Facts
- Covered establishments
- 15+ locations nationally, same trade name
- Governing law
- L.L. No. 6-2009, Ch. 170 Art. I
- Rounding rule
- Nearest 10 cal above 50; nearest 5 below
- Accuracy tolerance
- Within 20% of nutrient analysis
- Enforcing agency
- Albany County Department of Health
- Effective
- 180 days after filing with NY Sec. of State
Summary
Albany County requires chain food service establishments with 15 or more locations nationally to post calorie counts on menus and menu boards. The Albany County Department of Health enforces the rule and can impose civil penalties for noncompliance.
For menu items offered in different flavors and varieties, including, but not limited to, beverages, ice cream, pizza and doughnuts, the range of calorie content values showing the minimum to maximum numbers of calories for all flavors and varieties of that item shall be listed on menu boards and menus for each size offered for sale... A calorie label shall be deemed out of compliance with this article if it bears, for calories for which labeling is required under this article, a total number value that is more than 20% lower or higher than nutrient analysis shows as the content of the menu item.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4022468; v11 updated 2024-07-21).
Full Breakdown
Under Code of the County of Albany Article I of Chapter 170, adopted by Local Law No. 6-2009, any "chain food service establishment", one of 15 or more locations nationally operating under the same trade name and offering standardized menu items, must list the total calorie count for every menu item on its menus and menu boards. Section 170-3 requires the word "calories" or "cal" to appear clearly and conspicuously next to each item, in a font at least as prominent as the item's name or price, and food item tags on displayed food must carry the same calorie disclosure.
Drive-through windows must post calories on the drive-through board or an adjacent stanchion visible before ordering. Section 170-4 governs items sold in multiple flavors or sizes, such as beverages, ice cream, pizza and doughnuts: menus must show the range of minimum-to-maximum calories for all flavors and varieties unless calorie information is on the individual food item tag, in which case in-store brochures, kiosks or signage must make the data available. Combination items follow the same range rule, or a single total if only one calorie count is possible.
Owners must provide the Albany County Department of Health documentation supporting their calorie figures on request, and a label is out of compliance if it is off by more than 20% from a nutrient analysis. Section 170-6 contains a reverse-preemption clause voiding the article once substantially similar federal or state law takes effect; the County Legislature decides that question by resolution. The article became effective 180 days after filing with the New York Secretary of State.
Violations & Fines
The Albany County Department of Health has sole jurisdiction to enforce Chapter 170, Article I and may impose a civil penalty under the Albany County Sanitary Code for each violation. Penalties are pursued by the Department of Health through the County Attorney in the name of the County of Albany in any court of competent jurisdiction. No penalty may be imposed until the establishment has received notice of the charge and an opportunity to be heard under Sanitary Code procedures; the article states these civil penalties are the sole penalties for a violation.
Frequently Asked Questions
Which restaurants must post calories in Albany County?
Where must the calorie count appear?
What happens if a chain's posted calorie count is wrong?
Could this law stop applying?
Sources & Official References
Other rules in Albany County
New York rules heatmap·Compare Albany County to another location·View the New York public health rules overview
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