The Insane State: Pizza Parlor Owners Face Prison Time

By Savannah Saunders

Pizza makers could face fines and prison time under a new Food and Drug Administration rule for failing to provide calorie counts for their billions of combinations of pizza orders.

Under FDA regulations, chain restaurants, retail stores with 20 or more locations, movie theaters, and vending machines are required to provide calorie information for every menu item. Pizza parlors will be hit hardest because of the unfathomable combinations of pizza that customers can order.

FDA’s menu labeling rule will go into effect on December 1st, 2016, much to the chagrin of pizza lovers across the nation. If a company does not perfectly comply with the mandate, food may be rendered “misbranded” under the Federal Food, Drug, and Cosmetic Act, a violation that carries criminal penalties. Failure to comply with the regulation could lead to government seizure of food, a maximum $1,000 fine, and a one-year prison sentence. A second violation carries a penalty of $10,000 and up to three years in prison.

One of the first problems with the regulation is FDA’s definition of “menu.” A menu is defined as any piece of primary writing that is “used by a customer to make an order selection at the time the customer is viewing the writing.” Under the regulation, a menu could be anything from a physical display board, a web page, or even an advertisement for a $5 dollar meal special. The American Pizza Community, a coalition of the nation's largest pizza companies, says FDA’s definition of a menu is especially difficult for pizza parlors because a considerable amount of orders are made over the phone, so customers may gain their information from a variety of places. Ninety percent of pizza customers never see in-store menus, so APC says spending money to update menu boards is a waste of money.

Moreover, the pizza industry faces challenges with the regulation because pizza orders are highly customizable. Considering the different combinations of crusts, cheeses, meats, toppings, and sauces, there are literally billions of possible pizza orders. In an interview with the Washington Free Beacon on January 2015, Executive Vice President of Domino’s, Lynn Liddle said perfect compliance with the regulation is ludicrous because the company offers around 34 million possible pizzas. Last year, Pizza Hut unveiled their new menu and declared their company offers over 2 billion possible combinations. Those within the pizza industry believe that providing such a wide range of caloric possibilities is unfeasible, pointless, and far too expensive.

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