(a) Discloses nutritional information for the menu item as required by this section; and

(b) Is readily visible for customer use at the location where the customer places the order for the menu item.

(2)(a) If a chain restaurant offers a menu item for self-service, the chain restaurant shall have a menu board or food tag, for each area of the restaurant in which the item is displayed, that:

(A) Discloses nutritional information for the menu item as required by this section; and

(B) Is readily visible in the area where the menu item is displayed.

(b) If a chain restaurant offers a menu item for self-service that the restaurant also offers on a basis that is not self-service, the restaurant shall ensure that the area where the item is offered on a basis that is not self-service complies with subsection (1) of this section.

(3) If a chain restaurant uses a menu or menu board, the menu or menu board must include the following:

(a) A statement of the total calories for each of the menu items listed on that menu or menu board. The total calorie statement must be in a conspicuous place near the other menu or menu board information for that menu item. If the menu or menu board lists prices, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the price of the menu item. If the menu or menu board does not list prices, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the least prominent of any other information stated on the menu or menu board.

(b) In a conspicuous place, a statement listing the daily intake amounts of calories, saturated fat and sodium recommended by the Oregon Health Authority.

(c) In a conspicuous place, a statement that additional nutritional information is available upon request.

(4) If a chain restaurant uses food tags, the restaurant shall display the following:

(a) A statement of the total calories for the menu item in a conspicuous place on the tag. If the food tag states the price of the menu item, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the price of the menu item. If the food tag does not state the price, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the least prominent of any other information stated on the tag.

(b) In a conspicuous place, a statement listing the daily intake amounts of calories, saturated fat and sodium recommended by the authority.

(c) In a conspicuous place, a statement that additional nutritional information is available upon request.

(5) A chain restaurant may post disclaimers stating that the actual nutritional value of menu items may vary from the stated total calories or other nutritional information due to variations in preparation, size or ingredients or for custom orders.

(6) A chain restaurant may supplement the nutritional information disclosures required by this section and ORS 616.560 and 616.565 with additional consumer information. [2009 c.314 §3; 2011 c.720 §210]

Note: See note under 616.555.