Common Sense Nutrition Disclosure Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. Requires the nutrient content disclosure statement on the menu or menu board to include: (1) the number of calories contained in the whole product; (2) the number of servings and number of calories per serving; or (3) the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer. Permits such information to be provided by a remote-access menu, such as through the internet, for food establishments where the majority of orders are placed by customers who are off-premises at the time the order is placed.
Defines “reasonable basis” for a restaurant or similar food establishment’s nutrient content disclosures to mean that the nutrient disclosure is within acceptable allowances for variation in nutrient content, which include variations in serving size or ingredients, and inadvertent human error in formulation of menu items.
Sets forth the methods a restaurant or similar food establishment may use to determine nutritional content for disclosure, including ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build (i.e., the finished version of a menu item most commonly ordered by consumers).
Applies the nutritional disclosure requirements to retail food establishments that derive more than 50% of their total revenue from the sale of food.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1249 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1249
To amend section 403 of the Federal Food, Drug, and Cosmetic Act to
improve and clarify certain disclosure requirements for restaurants,
similar retail food establishments, and vending machines.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2013
Mrs. McMorris Rodgers (for herself, Ms. Loretta Sanchez of California,
Mr. Carter, Mr. Barrow of Georgia, Mrs. Ellmers, Mr. Cuellar, Mr. Diaz-
Balart, Mr. Rokita, Mr. Ribble, Mr. Hinojosa, Mr. Rogers of Michigan,
Mr. Womack, Mr. Griffith of Virginia, Mr. Huizenga of Michigan, and Mr.
Walberg) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend section 403 of the Federal Food, Drug, and Cosmetic Act to
improve and clarify certain disclosure requirements for restaurants,
similar retail food establishments, and vending machines.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Nutrition Disclosure
Act of 2013''.
SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS,
SIMILAR RETAIL FOOD ESTABLISHMENTS, AND VENDING MACHINES.
Section 403(q)(5)(H) of the Federal Food, Drug and Cosmetic Act (21
U.S.C. 343(q)(5)(H)) is amended--
(1) in subclause (ii)--
(A) in item (I)(aa) by striking ``the number of
calories contained in the standard menu item, as
usually prepared and offered for sale'' and inserting
``the number of calories contained in the whole
product, or the number of servings and number of
calories per serving, or the number of calories per the
common unit division of the product, such as for a
multi-serving item that is typically divided before
presentation to the consumer'';
(B) in item (II)(aa), by striking ``the number of
calories contained in the standard menu item, as
usually prepared and offered for sale'' and inserting
``the number of calories contained in the whole
product, or the number of servings and number of
calories per serving, or the number of calories per the
common unit division of the product, such as for a
multi-serving item that is typically divided before
presentation to the consumer''; and
(C) by adding at the end the following flush text:
``In the case of restaurants or similar retail
food establishments where the majority of
orders are placed by customers who are off-
premises at the time such order is placed, the
information required to be disclosed under this
subclause may be provided by a remote-access
menu, such as one available on the internet,
instead of an on-premises menu.'';
(2) in subclause (iv)--
(A) by striking ``For the purposes of this
clause,'', inserting the following (and indenting the
text that follows appropriately):
``(I) In general.--For the purposes
of this clause,'';
(B) by striking ``and other reasonable means'' and
inserting ``or other reasonable means''; and
(C) by adding at the end the following:
``(II) Reasonable basis defined.--
For purposes of this subclause, with
respect to a nutrient disclosure, the
term `reasonable basis' means that the
nutrient disclosure is within
acceptable allowances for variation in
nutrient content. Such acceptable
allowances shall include allowances for
variation in serving size, inadvertent
human error in formulation of menu
items, and variations in
ingredients.'';
(3) in subclause (v)--
(A) by inserting ``contained in the whole product,
or the number of servings and information per serving,
or the common unit division of the product, such as for
a multi-serving item that is typically divided before
presentation to the consumer,'' before ``that come in
different flavors, varieties, or combinations,'';
(B) by striking ``, through means determined by the
Secretary, including ranges, averages, or other
methods''; and
(C) by adding at the end, after the period, the
following: ``A restaurant or similar retail food
establishment may determine and disclosure such content
by using any of the following methods: ranges,
averages, individual labeling of flavors or components;
or labeling of one preset standard build. In addition
to such methods, the Secretary may allow the use of
other methods, to be determined by the Secretary, for
which there is a reasonable basis (as such term is used
in subclause (iv)).''; and
(4) in subclause (xi)--
(A) in the heading, by striking ``Definition'' and
inserting ``Definitions'';
(B) by striking ``clause, the term `menu''' and
inserting the following (and indenting the text that
follows appropriately): ``clause:
``(I) Menu; menu board.--The term
`menu'''; and
(C) by adding at the end the following:
``(II) Preset standard build.--The
term `preset standard build' means the
finished version of a menu item most
commonly ordered by consumers.
``(III) Restaurant or similar
retail food establishment.--The term
`restaurant or similar retail food
establishment' means a retail food
establishment that derives more than 50
percent of its total revenue from the
sale of food of the type described in
subclause (i) or (ii) of clause (A).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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