Houston, TX Public Health Rules: Calorie Labeling (2026)

§ 101.11 Nutrition labeling of standard menu items in covered establishments. ( a ) Definitions. The definitions of terms in section 201 of the Federal Food, Drug, and Cosmetic Act apply to such terms when used in this section. In addition, for purposes of this section: Authorized official of a restaurant or similar retail food establishment means the owner, operator, agent in charge, or other person authorized by the owner, operator, or agent in charge to register the restaurant or similar retail food establishment, which is not otherwise subject to section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act, with FDA for the purposes of paragraph (d) of this section. Covered establishment means a restaurant or similar retail food establishment that is a part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership, e.g., individual franchises) and offering for sale substantially the same menu items, as well as a restaurant or similar retail food establishment that is registered to be covered under paragraph (d) of this section. Standard menu item means a restaurant-type food that is routinely included on a menu or menu board or routinely offered as a self-service food or food on display. ( b ) Requirements for nutrition labeling for food sold in covered establishments — ( 1 ) Applicability. ( i ) The labeling requirements in this paragraph (b) apply to standard menu items offered for sale in covered establishments. ( 2 ) Nutrition information. ( i ) Except as provided by paragraph (b)(2)(i)(A)( 8 ) of this section, the following must be provided on menus and menu boards: ( A ) The number of calories contained in each standard menu item listed on the menu or menu board, as usually prepared and offered for sale.