Section 1 Short title
This Act may be cited as the “Common Sense Nutrition Disclosure Act of 2013”.
Common Sense Nutrition Disclosure Act of 2013
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.
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—
in subclause (ii)—
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”;
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
by adding at the end the following flush text:
in subclause (iv)—
by striking “For the purposes of this clause,” and inserting the following:
“(I) In general—For the purposes of this clause,”
by striking “and other reasonable means” and inserting “or other reasonable means”; and
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.”
in subclause (v)—
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,”;
by striking “, through means determined by the Secretary, including ranges, averages, or other methods”; and
by adding after the period at the end the following: “A restaurant or similar retail food establishment may determine and disclose 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 defined in subclause (iv)(II)).”; and
in subclause (xi)—
in the heading, by striking “Definition” and inserting “Definitions”;
by striking “clause, the term menu” and inserting the following:
“(I) Menu; Menu board—The term menu”
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).”