FOODSERVICE NEWS

Congress Considers Two Menu Labeling Bills
Public health advocates and the restaurant industry are squaring off over federal House and Senate bills that would mandate listing caloric data alongside menu items. Several states are considering similar legislation.
Earlier this year, the Labeling Education and Nutrition (LEAN) Act, which has the support of the National Restaurant Association, was introduced in Congress. The restaurant industry advocates a national menu-labeling law because differing local and state regulations are confusing and costly to restaurant owners. In contrast, the LEAN Act would require restaurants to put nutrition and calorie information “in plain sight” before point of sale, said Beth Johnson, spokeswoman for the National Restaurant Association. But restaurants would not have to place it on menus or menu boards.
Recently, Congress introduced the Menu Education and Labeling (MEAL) Act, which would require chain restaurants with 20 or more locations to place caloric info on menu boards. Printed menus would need to add trans fat, carbohydrates and sodium counts to the calorie counts.

Kowloon Restaurant Bob Wong Named To NRA Board of Directors
The National Restaurant Association (NRA) has chosen Bob Wong, owner/operator of Kowloon Restaurant in Saugus, Mass as one of 13 industry members to serve on the NRA Board of Directors. He is also a member of the Massachusetts Restaurant Association (MRA) Board of Directors.
MRA President and CEO Peter Christie said Wong has a long laundry list of contributions he’s made to the MRA.
“Being on the NRA Board of Directors is quite an honor,” said Mr. Christie. “Bob Wong is a past chairman of the Board for the MRA; this past year has been president of the MRA Educational Foundation (MRAEF), and serves on both the Trade Show and the Public Relations Committees. Bob and his family have been huge supporters of the MRA and the MRAEF. This is a guy who is actively involved, like any great leader, in giving back.”
NRA Board member at-large Jack Crawford, senior vice president of franchise development for UNO Chicago Grill. "Bobby Wong is a welcome addition to the NRA Board of Directors. His appointment strengthens our representation from Massachusetts. Bobby is a well-known operator who will serve this board well.”

From Roots Of Boston Police Comes A Renamed Luxury Hotel
The Doyle Collection, a select group of urban hotels based in Dublin, Ireland announced last week a rebranding campaign for its Boston hotel. Jurys Boston Hotel will open its doors on June 1, with new signage and design package reflecting their new roots in the neighborhood and new name: The Back Bay Hotel.
Opened in June 2004 after a major conversion from the Boston Police Headquarters building, the hotel is located at 350 Stuart St. with 225 guest rooms, and is home to five meeting rooms, the Stanhope Grille restaurant, and Cuffs, An Irish Bar. Stephen Johnston, General Manager, said, “The Back Bay Hotel’s new name is a celebration of our roots becoming firmly planted in the Back Bay neighborhood, the evolving tastes of our guests, and a vote of confidence in the Boston business community. We are proud to have struck a chord with our guests, who enjoy the blend of classic details, Irish Boston heritage, and modern interpretation, all in harmony with the Back Bay’s charm.”

Dunkin' Donuts & Krispy Crème Offer Free Doughnuts
And More Food Service Latest Word…
...A sign of the poor economic times and how it has affected fine dining came out last week when it was announced that the Hotel Commonwealth’s Great Bay Seafood Restaurant closed its doors on May 30. In addition, Aujourd’hui of the Four Seasons Hotel in Boston will close down at the end of June.
... The Boston Bayside Expo Center, the site of many food trade shows was auctioned off last week to one of its mortgage holders, LNR Massachusetts Partners.
... Key Impact Sales & Systems a national food service sales agency promoted Rob Monroe to executive vice president of principal management.
... Paul Kirwin is the new president and CEO of Northcott Hospitality, the parent company for AmericInn brand of midscale hotels.
... The Mass. Restaurant Assn. Annual Meeting is Wednesday, June 17 at the Top of the Hub at the Prudential Center.
... Dunkin' Donuts and Krispy Crème both announced free doughnuts to its customers in recognition of National Doughnut Day.
... Donato’s and O’Charley’s, parent to the Ninety Nine Restaurants, has joined the National Council of Chain Restaurants.

C-STORE NEWS

Federal Court Halts New York Bottle Bill Implementation
Last week the United States District Court for the Southern District of New York issued two decisions effectively barring enforcement of the entire New York expanded bottle bill until April, 2010. On Friday, May 29, U.S. District Court Thomas Griesa declared the entire bill postponed until April 1, 2010 to allow all companies and persons sufficient time to comply with the law.
The postponement voids for now required signage for retailers and increased handling fees for retailers. According to the New York Assn. of Convenience Stores (NYACS) the state may try to appeal in hopes of being allowed to implement all or parts of the law sooner than April, 2010.

U.S. Court of Appeals Sides With NACS On Tobacco Advertising
On May 22, t he U.S. Court of Appeals for the District of Columbia sided with retailer concerns in the case of USA v. Phillip Morris, vacating a provision of the ruling of the U.S. Circuit Court for the District of Columbia that required retailers to post messages correcting the false claims made by manufacturers concerning the adverse health effects of tobacco products.
The Court of Appeals vacated the order regarding point-of-sale displays. This portion of the order will return to the district court, where, if the government continues to pursue displaying corrective statements at the point-of-sale, NACS and its members will be given an opportunity to present evidence and argument to the court on the impact of such an order.
Citing a brief filed by the National Assn. of Convenience Stores, (NACS), the Court of Appeals found that retailers were not given notice of this remedy or an opportunity to present evidence or arguments to the court regarding the impact the injunction would have on "the most important space within a convenience store " and retailers' businesses. 
In the case, the United States alleged that the tobacco companies had engaged in a decades-long conspiracy to deceive consumers about the adverse health effects of smoking tobacco products. In 2006, the U.S. Circuit Court for the District of Columbia entered a Final Judgment and Remedial Order against the tobacco companies.  The Remedial Order mandated that the tobacco companies “require retailers who participate in a Retail Merchandising Program to display” corrective statements “in a position of prominent visibility,” specifically on a “Countertop Display and Header Display at retail point-of-sale.” 

The Pantry, Anheuser Busch Partner On Campaign For Underage Drinking Prevention In Fla.
The Pantry, Inc. has joined Anheuser-Busch and its local distributors in a drive to fight underage drinking and prevent sales to minors in The Pantry's 448 stores in Florida. The program, titled "We I.D.," builds upon current efforts by The Pantry to restrict underage alcohol sales through enhanced employee training and various point-of-sale reminders throughout stores. The announcement is part of a larger effort by The Pantry to implement the We I.D. program in each of its 1,650 stores across the Southeast.
“We I.D.” is Anheuser-Busch's comprehensive underage-drinking prevention program used by retailers to remind customers who purchase alcohol beverages that they will be asked to show valid identification. Program elements include: We I.D. posters and signage on coolers, driver's license guides to help employees verify I.D.s, and clocks that also show the date of legal age required to purchase alcohol beverages. A key component of the program is the enhanced training Pantry employees receive via instructional videos and on-site reference materials concerning checking and verifying valid I.D.s. The 30 Anheuser-Busch distributors in Florida are supporting the We I.D. program with The Pantry.

HLA Announces Virtual Buying Show
And More C-Store Latest Word…
...Harold Levinson Associates has announced a new HLA Virtual Buying Show which will be accessible to all of its company customers via the Internet. The Virtual Show will be Wednesday, Sept. 2 from 5:00 a.m. to midnight. A customer must have an HLA account number in order to register.
…Frito-Lay North America and the Oberto Sausage Co. have agreed to end their partnership of the last 10 years for distribution and sales of Oh Boy! Oberto brand meat snack products in the United States and Canada. Frito-Lay will sell and distribute "Oh Boy! Oberto" meat snacks until Aug. 15, at which time Oberto Sausage Co. will transition to a direct sales and distribution model.
...The recently held All Candy Expo drew 14,000 trade representatives and attendance increased seven percent from a year ago.

NEW CHANNELS

OSHA Cites Wal-Mart Following Crushing Death Of Worker
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) last week cited Wal-Mart Stores Inc. for inadequate crowd management following the Nov. 28, 2008, death of an employee at its Valley Stream, N.Y., store. The worker died of asphyxiation after he was knocked to the ground and trampled by a crowd of about 2,000 shoppers who surged into the store for its annual post Thanksgiving "Blitz Friday" pre-holiday sales event.
OSHA's inspection found that the store's employees were exposed to being crushed by the crowd due to the store's failure to implement reasonable and effective crowd management principles. This failure includes providing employees with the necessary training and tools to safely manage the large crowd of shoppers.
OSHA has issued Wal-Mart one serious citation under its general duty clause for exposing workers to the recognized hazard of being crushed by the crowd. The citation carries a proposed fine of $7,000, the maximum penalty amount for a serious violation allowed under the law. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. The report was issued on May 26. Wal-Mart has 15 business days from receipt of its citations and proposed penalties to comply, participate in an informal conference with the OSHA area director, or contest the citations before the independent Occupational Safety and Health Review Commission.

GMA Opposes Fees For Manufacturer Inspections
The Grocery Manufactures Assn. (GMA) is concerned about a proposed fee for food safety inspections that the House of Representatives is considering in draft legislation. The legislation proposes an annual $1,000 user fee to be paid by food manufacturing facilities to finance increased government inspections.
Pamela Bailey, GMA president and chief executive officer wrote to House Commerce Committee Chairman Congressman Henry Waxman and said while food safety s our number one priority and the GMA shares the broad goals of the draft legislation, the organization is concerned about significant new fees on food companies and ultimately consumers at a time when they can least afford it. She added that the GMA is concerned about the “inherent conflict of interest created by asking industry to fund government inspections and provisions that increase the cost of food without improving the safety of the food supply

New Law Establishes Rules For Gift Cards
The federal Credit Cardholders’ Bill of Rights, signed into law May 22, contains new requirements for gift cards and gift certificates that will affect retailers, who sell, accept or issue these items. Effective Aug. 22, 2010, inactivity fees and service fees for gift cards and gift certificates will generally be prohibited and the ability to impose expiration dates for these items will be limited.
.The new law covers such items as store gift cards, pre-paid general use cards and gift certificates, including products that are one-time use as well as those that are reloadable. The law prohibits the imposition of service or inactivity fees unless there has been no activity for 12 months prior to the date the fee is imposed.
The law further stipulates that gift cards and certificates must be valid for a minimum of five years after the date of issuance or the date funds were last loaded to the card. The statute makes it “unlawful for any person to sell” a gift card that does not comply with this requirement. The federal law gives states the ability to impose even stricter requirements, so retailers should check their state’s law to determine whether it imposes separate requirements on top of the new federal ones.

Toys “R” Us Acquires FAO Schwarz Stores
And More New Channels Latest Word…
...Toys “R” Us, has acquired FAO Schwarz retail stores in Manhattan and in Las Vegas and will operate the E-commerce and catalog operations.
... Connecticut lawmakers and Governor Jodi Rell are expected to sign a bill that bans the use of Bisphenol-A in plastic baby bottles, food containers, and cups.
... Red Sox baseball player David Ortiz has launched new hot sauces to be used as marinades and cocktails. A portion of the proceeds will be donated to the David Ortiz Children’s Funds, a foundation which raises money for children in need of critical care in New England and his native Dominican Republic.