We have received several inquiries concerning the specific service food sign changes described in Transportation Equity Act of the Twenty -First Century (TEA-21) (P.L. 105-178). Specifically TEA-21, Section 1217, Eligibility, paragraph (f) Information Services.

The Manual on Uniform Traffic Control Devices (MUTCD) Sections 2G-5.7 and 2G-5.8 contain eligibility guidance for food businesses which may display logos on specific service signs. The most current edition of the MUTCD Section 2G-5.7, Guidelines for Specific Service Signs, states that "Use of specific service signing should conform to the following guidelines: ... The use of FOOD signs including continuous operations to serve three meals a day, 7 days a week and a telephone." This MUTCD criteria has been modified by TEA-21, Section 1217, paragraph (f) by adding the following requirement:

(f) INFORMATION SERVICES- A food business that would otherwise be eligible to display a mainline business logo on a specific service food sign described in section 2G-5.7(4) of part IIG of the 1998 edition of the MUTCD for Streets and Highways under the requirements specified in that section, but for the fact that the business is open 6 days a week, cannot be prohibited from inclusion on such a food sign."

This subsection became effective and applicable when TEA-21 became public law on June 9. The States or local jurisdictions should assure that their specific service sign policies and programs are in compliance with this TEA-21 requirement. They should also review and revise as appropriate any related statutes, local ordinances, and MUTCD provision for compliance with the requirement. The TEA-21 was very specific and it applies only to specific service signs for food businesses. All other guidance in MUTCD Section 2G-5.7 which concerns public accommodations, distances from the interchange, etc. remain applicable. The State or local jurisdiction should continue to maintain a policy that sets priorities on the types and eligibilities of services on these signs.