Calorie labeling on San Jose menus is governed by federal FDA rules at 21 CFR §101.11, which require chains with 20 or more locations to post calorie counts. Santa Clara County DEH inspectors check compliance during routine retail food inspections. California AB-1100 adds beverage warnings.
Federal menu-labeling regulations at 21 CFR §101.11, implementing the Affordable Care Act, require restaurants and similar retail food establishments part of a chain with 20 or more locations doing substantially the same business to post calorie counts on menus, menu boards, and drive-through displays. Additional written nutrition information must be available on request. The City of San Jose has no separate municipal menu-labeling ordinance. Santa Clara County Department of Environmental Health enforces the federal rule during routine retail food inspections in San Jose alongside the standard CalCode program. AB-1100 (2023) added separate added-sugar warnings on certain beverages statewide. Independent restaurants and small chains under 20 locations remain exempt from calorie posting requirements.
FDA may issue warning letters; SCC DEH inspectors flag missing calorie disclosures during San Jose inspections, citing operators and requiring correction. Repeat noncompliance affects the inspection score and triggers reinspection fees under DEH cost recovery.
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