Are Internet menus and take-out menus considered to be “menus” under section 4205?
An Internet menu or a take-out menu can be a “menu” under section 4205 if it can be used as the primary writing from which a consumer makes a selection. An establishment may have multiple types of menus, any one of which may be used by various consumers as the primary writing to make selections. For example, if the establishment’s take-out menu is posted on the Internet and it serves as a primary writing from which a customer makes selections over the phone or Internet for take-out, deliver, or dine-in service, then it is a menu under section 4205 and, therefore, requires calorie disclosure. 3. What information is required by section 4205 to be disclosed on a menu or menu board? Information that must be disclosed on a menu or menu board in a covered establishment includes: • The number of calories in each standard menu item “as usually prepared and offered for sale” (the calorie disclosure must be “clear and conspicuous” and “adjacent to” the name of the standard menu item) (403(q)(5)(
