kJs on menus

Businesses meeting the ‘standard food outlet’ criteria, selling ‘standard food items’ need to comply. 

A standard food outlet:

• sells food for consumption off the premises (for example, takeaway or delivery)
• shares the same name and branding as 19 other NSW food outlets or 49 other food outlets nationally
• prepares, handles and serves unpackaged, ready-to-eat food (food that does not require cooking or heating to make it safe for consumption) that has standardised portion sizes and content across outlets
• uses menus or displays to advertise food available at the point of sale (includes both digital, print and online menus).

The laws apply to businesses that are company-owned, franchised or operating as part of a chain.

Standard food items are: 

• ready-to-eat
• not pre-packaged 
• sold in single or multiple serves standardised for portion size and content. This may include a combination of items, for example meal deals, or products sold at standardised servings, such as small, medium, and large
• shown on a menu or displayed with a price or label. 

Typical standard food outlets include quick service restaurants, pizza, coffee, bakery, ice-cream, doughnut and salad chains and supermarkets.

Examples:

• A burger franchise operates 15 premises in NSW and a further 40 outlets in other states. The businesses in NSW need to comply because there are more than 50 locations nationally.
• A coffee shop chain operates 22 premises in NSW. All 22 businesses need to comply. 

Supermarkets 

The laws also apply to some products sold in supermarkets, including:

• portioned and whole hot chickens displayed unpackaged
• deli salads and unpackaged bakery products
• hot deli meals (for example, lasagne, sausage rolls) 
• selected bakery products (such as cheese and bacon rolls, custard tarts, donuts, whole cakes) 
• sushi and sashimi. 

Businesses can be fined if they are found to be in breach of these laws. Penalty notices range from $330 to $880 for individuals and $660 to $1760 for corporations. 

Standard food outlets that aren't required to comply with these laws may choose to voluntarily display nutrition information. However if they do so, the information must be displayed in accordance with the mandatory requirements.

The following businesses are exempt from the requirements:

• convenience stores 
• petrol service stations 
• food catering service providers 
• restaurants with no takeaway services 
• retail food sold at a healthcare facility. 

Standard food outlets need to display the:

• energy content of each standard food item expressed in kilojoules ‘kJ’ (supermarkets may express energy content in kilojoules per 100g)
• reference statement: ‘The average adult daily energy intake is 8700 kJ’.

The requirement to display nutrition information and the reference statement applies to:

• printed and digital menus, menu boards and self-serve displays
• in-store advertising
• leaflets for ordering takeaway via phone, internet
• online ordering platforms through either smartphone apps or websites
• display cabinet item tags
• drive-through menus
• shelf edge tickets for supermarkets.

The kilojoule content does not need to be displayed for electronic or print advertising (billboards, newspapers, magazines, television) where the item cannot be ordered.

Display of the kilojoule (kJ) content

The kilojoule content of each standard food item must be clearly legible and displayed next to and in the same font type and at least the same font size as the price for each item (or, if no price is displayed, as the name for each item).

Supermarkets can display kJ information in the same measure used for the nutritional information panel (NIP), that is, per 100g. This information must also be in the same font type and at least the same font size as the total price (or unit price) for the item.

Standard food items sold in different sizes or portions (for example small, medium, large) are to be treated as separate food items and the kilojoules for each must be displayed.

Reference statement

The reference statement ‘The average adult daily energy intake is 8700 kJ’ must be clearly legible, placed in a prominent position on the menu and in each area or display cabinet so it is clearly associated with the standard food items. It must also be in the same font type, and at least the same font size, as the name of the standard food item with the largest font size.

To determine the nutrition information, calculate the average energy content of each standard food item in accordance with Standard 1.2.8 of the Food Standards Code (adjusting to calculate the whole of the food item, rather than per 100g). Calculated kilojoules may be rounded to the nearest 10 kJ. There are numerous methods for calculating the average kJ content. These include:

• the online Nutrition Panel Calculator developed by Food Standards Australia New Zealand 
• nutritional analysis software (for example, FoodWorks® online software used as per manufacturer’s recommendations)
• laboratory analysis
• food composition tables
• databases.

Standard food outlets that trial new product concepts at no more than 5 stores for no more than 60 consecutive days are not required to display the nutrition information for these items.

• Fast choices user guide (pdf 1.53MB) which includes information on:
  • the requirements of the legislation and how businesses can comply
  • answers to questions raised by business
• Section 106K-106R of Food Act 2003
• Clause 30-37 of Food Regulation 2015
• Standard 1.2.8 of the Food Standards Code