Dine – In Traffic on the Rise

In recent years, diners have been choosing to take out meals or eat at home, but a recent study from The NPD Group shows the tides are changing. Consumers are enjoying more meals at restaurants as sit down traffic has grown 2 percent in 2014, in addition to 1-percent growth in 2013. Dine-in visits currently account for 39 percent of industry traffic and generate more than $233 billion dollars a year. For years there has been growth in the take out segment, which offers lower profit potential to restaurants as NPD analyst Bonnie Riggs told Nation’s Restaurant News “When you dine in the restaurant sales are much higher, you order more items”

One reason for dine-in growth is that restaurants are taking into account customer’s wants and taking the time to understand their target demographic. One industry spotlight of this is the national fondue chain, The Melting Pot. The chain began hosting focus groups with current and past consumers who gave much insight to the wants of their target market. Through these groups they found out that the restaurant was being used mostly for specialty occasions and consumers wanted a more approachable venue that they could frequent more often. By using the consumer feedback the Melting Pot made radical changes to their menu and operations that resulted in increased sales in 2014.

To read more from Nation’s Restaurant News, click here

Food Companies Come Clean

Over the last six months multiple food companies have announced plans to be more transparent with their ingredients and Panera Bread is the latest to jump on the bandwagon. The bakery-café chain Panera_Logo_announced that by the end of 2016 they plan to remove over 150 ingredients from their inventory which can be found on the “No No List” published on their website today.

Other companies that have made similar commitments include Nestle, Hersey, Pepsi and General Mills promising to eliminate a variety of artificial preservatives, flavors and colors, different kinds of sweeteners and meat from animals raised with antibiotics. Chipotle Mexican Grill also announced this week that all of their restaurants are GMO-Free meaning that none of their ingredients have been genetically modified. Chipotle co–CEO told CNN Money that “Chipotle is really showing that there’s a better way to dUnknowno fast food.”

In the past years, GMO’s have become a hot button issue, as there is concern regarding the safety of these genetically modified crops. According to the USDA GMO’s are in about 80% of conventional processed food in the United States. With little research confirming the negative effects of GMO’s many wonder if companies putting forth such effort to go natural is necessary. Additionally, most of the companies have been very careful with their placement stating that such changes are to meet consumer demands rather than taking a stance on the issue.

How do you feel about GMO’s? Do you think it’s necessary for these food giants to change their recipe for success? Leave us a comment and let us know!

To read more from the New York Times, click here

Trending Now: Chef’s Table Netflix Debut

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Netflix’s newest original programming Chef’s Table debuts today and will showcase six notable chefs, giving viewers a look into their daily lives and their creative process. The series, produced by David Gelb, director of Jiro Dreams of Sushi, devotes an episode to each chef:

  • Ben Shewry – Attica, Australia
  • Magnus Nilsson – Fäviken, Sweden
  • Francis Mallmann – El Restaurante Patagonia Sur, Argentina
  • Niki Nakayama – N/Naka Restaurant, Los Angeles
  • Dan Barber – Blue Hill Restaurant, New York
  • Massimo Bottura – Osteria Francescana, Italy

Each episode is shot in the style of Jiro Dreams of Sushi but follows food from all over the world as Gelb wanted to show the “Planet Earth of Food”. Each chef chosen is very different from one another in hopes that seeing these chef’s stories will make viewers notice and change their perspective of the food currently in their lives.

Chef’s Table will premiere April 26 on Netflix. Watch the trailer below :

Jeni’s Splendid Ice Creams Recalled for Listeria

Just days after the massive recall of every single Blue Bell Ice Cream product on shelves throughout the country, Jeni’s Splendid Ice Creams is doing the exact same thing.  After a random sampling done by Nebraska Department of Agriculture found contamination, the company has opted to recall every ice cream, sorbet, frozen yogurt, and ice cream sandwich in every flavor.

Listeria is a significant concern for manufacturers, as the infections can be fatal for young children, frail or older people, and those with weak immune systems.  In pregnant women, the infection can cause miscarriages and stillbirths.  As such, Jeni’s has voluntarily recalled everything it sells: “Out of an abundance of caution, Jeni’s Splendid Ice Creams is taking this voluntary precautionary measure in order to ensure complete consumer safety,” noted CEO John Lowe.

The company is working with 10 top scientists, third-party labs in Columbus and throughout Ohio, four people with the FDA, and three people from the Ohio Department of Agriculture to help test and sample the products.  Results from these tests thus far indicate the presence of Listeria in the Jeni’s production kitchen.

Now, Lowe notes, they are focusing on “eradicating it” from the production facility–which will be tested and retested after the sterilization.

Unfortunately, as mentioned, Listeria outbreaks are going through a rash of occurrences–Sabra, Blue Bell, and now Jeni’s all in a single month.  To read more, click here.

Big Gains for Organic Food

In 2014, US sales of organic food increased by 11%, to reach a total of $35.9 billion.  The Organic Trade Association, which released the survey, also noted that organic foods accounted for 5% of total foods sales.  Produce, which accounts for 36% of organic food sales rose $13 billion–a 12% increase over 2013.

Regionally, the rise was unilateral;  while the West Coast and Northeast purchase nearly 90% of their groceries from organic sources, the increase in sales was seen everywhere.  “We really moved beyond… the old assumptions about organic being niche and having sort of a cultural blanket over it,” said chief executive of the OTA, Laura Batcha.  “O.T.A.’s consumer survey has… found that organic doesn’t have any demographic… regional or partisan boundaries.”

Batcha noted also that the growth was “striking” because of major shortages in supply–less than 1% of farm acreage in the US is devoted to organic agriculture.  What was once the domain of specialty retailers like Whole Foods, organic foods have now gone mainstream: Walmart started offering organic products in 2013, and eight of ten parents claim to buy organic products.

In New York City, the rise is most apparent with the expansion of concepts such as Organic Avenue and Digg Inn.  Organic Avenue raised almost $10 million in 2012, and closed another round in 2013 for an undisclosed amount.

To read more, click here.

Seafood sees Big Opportunity with Fast Casual

Fast casual has crossed many boundaries in the past few years–from burritos to pizza–and seafood might be next.  Chicago-based research firm Technomic has released a report noting that seafood consumption is on the rise; nearly three-fourths of consumers who ordered more seafood entrees over the past two years said they did so to eat more healthfully, the report says.

Consumers see seafood as healthier than beef, pork, and poultry, and as in line with vegetarian and vegan meals.  Half of respondents indicated that these meals–pescatarian, vegetarian, and vegan–are as satisfying as meals with meat.  Sixty-two percent of consumers surveyed have a beef, pork, or poultry-free meal at least once a week, and 69% have a seafood entree at lease once every 90 days.  Furthermore, about half of the respondents said they would like restaurants to offer a wider variety of seafood, vegetarian, or vegan entrees.

“Health will continue to drive the seafood and vegetarian menu mix, and it can be leveraged both to spur interest in these options and to benefit the concept as a whole, by broadening appeal, reducing the ‘veto vote’ and creating a health halo,” said Kelly Weikel, director of consumer insights for Technomic. “These options also provide a point of differentiation that younger consumers look for as inventive, yet satisfying vegetarian and seafood items featuring on-trend ingredients to create a contemporary, unique and better-for-you positioning,” she added.

While chains such as Pret A Manger, Au Bon Pain, and Panera Bread have introduced items with shrimp or lobster in the past year, only 6% of seafood entrees on US menus are found in fast-casual restaurants.

“Currently, seafood is mostly the province of casual-dining chains, and with few limited-service brands able to approach the size of Long John Silver’s and Captain D’s, the white space in between those segments leaves plenty of room for young fast-casual restaurants to develop quickly in urban, affluent areas,” said Darren Tristano, executive vice-president for Technomic. “Securing a supply of fresh fish and managing price points are certainly challenges for limited-service seafood brands, but this type of cuisine lets new chains leverage many attributes people love about fast casual, including perceptions of greater ingredient quality, bold flavors and customization.”

To read more, click here.

Guest Post: Establishment of U.S. Hospitality Businesses Is a Win-Win for Foreign National Investors and the U.S. Economy and Culture

By Steve Maggi, Esq., SMA Law Firm

In the most international city in the U.S., New York City is full of ethnic businesses, especially in the restaurant industry, where every nationality’s cuisines has representative places to eat. Fueling the growth of foreign fare restaurants is the E-2 investor visa.

Immigrants with a reasonable amount of capital and a solid business plan to start a new company, or buy a business or franchise, can apply for the E-2 visa depending on their nationality(ies) and whether the U.S. has an investor treaty with their country(ies). The decision of whether to grant the visa is based on the probability of success of that business. This determination takes into account both how detailed and innovative the business plan is as well as the demand for the business’ products and/or services, as well as the amount of funding required to get a business up and running until it begins to generate revenue sufficient to lead to its growth and success. Here are some things to keep in mind about this particular visa:

  • The E-2 visa gives the applicant 5 years to form a successful business in the U.S.: The continuation of the individual’s legal stay in the U.S. is based upon the success of the business. So if the business fails, the visa is terminated and the holder must return to his or her country of origin or apply for a change of status to another visa or for a green card based on another venture, job offer or direct family relationship with a U.S. citizen or resident. The good news is that as long as the business remains successful, the visa holder can continue to live in the U.S. indefinitely. The visa can be continually renewed every five years as long as the business remains viable.
  • Only an individual with experience and/or interest in running a small business should apply: While the visa may accomplish an important goal of family reunification, it should not be used by someone who is not serious about running a business or lacks an entrepreneurial mindset. There are other potential means available for someone just looking to invest money and come here to stay with relatives, such as the EB-5 visa. The E-2 is best used by a person who wants to work hard and do what it takes to maintain a profitable business. If they lack experience sometimes a franchise model is the best one, as they are instructed and guided by the corporate entity which controls the brand, which of course maximizes the probability of success.
  • The application process is relatively simple: Many visa applications have a mandatory two-part process, ie. the petition must first be reviewed in the U.S. by immigration officials here and then, if approved, an applicant must apply for the visa itself at his or her corresponding U.S. embassy. In contrast, the E-2 visa can be applied for directly in U.S. embassies vis-a-vis consular processing, a process which is a quicker and less expensive application process, and can reduce the chance of denials (one chance of denial versus two). The application can also be done if the applicant is already in the U.S. through a change of status.
  • E-2 applicants are only be eligible if they come from certain nations: E-2 investor visas are only available to citizens from countries that have bilateral investor treaties with the U.S. Notably, citizens of the BRIICS countries (Brazil, Russia, India, Indonesia, China and South Africa) are not currently eligible for the E-2 visa. In those cases, the alternative may be EB-5 or other categories. However, it is important to point out that if someone possesses dual or multiple nationalities, that they can qualify based on just one nationality which has an existing treaty. For example, Israelis, Portuguese and Greeks (to name just a few) don’t qualify, but if they have any other treaty country nationality as well, they do.

In many situations, the E-2 visa can be a win-win situation for all involved. It leads to more businesses, which not only add to the cultural fabric of the nation in general, but also creates tangible jobs and improves the U.S. economy. Nowhere is that more abundantly clear than in the Big Apple and the its vibrant restaurant scene.

If you want more information please feel free to contact us at info@smalawyers.com.

© 2015 SMA LAW FIRM

Venture Capital Is Hungry for the Food Business

The food business is “ripe for disruption,” according to Steve Case, who cofounded America Online 30 years ago.  Case, who recently started his Washington-based venture capital firm Revolution, has made several high-profile bests on food: Sweetgreen, OrderUp, and Revolution Foods, a school-lunch company serving 1.5 million student meals per week.

“There are opportunities to improve the way things are done at every level: How food is produced, exported, processed, consumed,” Case said in an interview this week. “Our focus … is on investing in people and ideas that can change the world, and it’s harder to imagine anything that changes the world as much as food.”  To Case, the opportunity is, like in tech, in scalability: “It’s one thing to create one product in one particular restaurant,” Case said. “It’s another thing to roll it out to 5,000 restaurants, where the chefs are 16-year-old kids who have worked there for a few hours.”

Case thinks that the low barriers to entry and potentially high profit margins are partially why so many successful food companies have rested on their laurels, and this is where tech will come in to disrupt–especially given that eaters are embracing dining out more often and using apps for payment.  Sweetgreen, one of Case’s investments, is a salad shop that receives more than 20% of its orders through the chain’s mobile app.

“We’re in the first days, the early innings of this food revolution,” he said. “Nothing’s more important than what you put in your mouth three, four, five times a day.”

To read more, click here.

Soaring Beef Prices Drive Demand for Goat and Lamb

Goat is the most widely consumed meat everywhere except America.  The States have a poor perception of the farm animals, but that, fortunately, is changing, thanks to a rise in cattle prices.

Kevin Good, senior analyst at CattleFax, explained that beef costs are rising due to cattle herds being decimated after multiple years of drought that drove of feed prices.  Cattle farmers are rebuilding their herds, but the process takes up to three years, so prices are likely to stay high until 2016 or 2017.

For chefs, this means turning to alternatives, and goat is an exciting meat right now.  Stephanie Izard, chef of Girl and the Goat, won a James Beard Award for her cooking, which was basically dedicated to the animal.  Her menu includes goat liver mousse, goat carpaccio, and confit goat belly, to name a few items.  Similarly, Scott Conant, James Beard Award winner and founder of Scarpetta, has championed goat for years on his menu.

And this is a boon for guests and grocery shoppers.  Goat is lower in fat than chicken, but higher in protein than beef.  Lamb, which is already more widely consumed in the States than goat, is also seeing a rise in demand.  Multi-unit concepts are embracing the meat and using it in place of burgers.

To read more, click here.

Recipe for Rice with Fewer Calories

Scientists at the College of Chemical Sciences in Sri Lanka have developed a recipe for rice that greatly reduces the amount of digestible calories.  Rice is the most-widely consumed source of calories in the world, and in many cuisines, it is consumed with every meal of the deal.  The problem, however, is that as rice has gotten cheaper to produce but not any healthier to consume: a single cup of the cooked grain has about 200 calories–mostly in starch form.  These starches convert to fat in the body when not burned off shortly after consumption.

Thus, the interest in slowly-digestible and resistant starches is growing, and that’s where undergraduate student Sudhair James’ research comes in.  “If you can reduce the digestible starch in something like steamed rice, you can reduce the calories,” said Dr. Pushparajah Thavarajah, a professor who is supervising the research. “The impact could be huge.”  Rice is usually converted into glucose in the gut, and then glycogen soon after.  This glycogen builds up when we don’t exercise enough to expend the energy consumed.  However, some “resistant” starches take too long for the body to process into glucose or glycogen, so we don’t process as many calories.

The Sri Lanka team has developed a recipe that converts regular white rice into a starch more similar to a resistant starch: “What we did is cook the rice as you normally do, but when the water is boiling, before adding the raw rice, we added coconut oil—about 3 percent of the weight of the rice you’re going to cook,” said Sudhair James, who presented his preliminary research at National Meeting & Exposition of the American Chemical Society (ACS) on Monday. “After it was ready, we let it cool in the refrigerator for about 12 hours. That’s it.”

To read more about the research, click here.