[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2784 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2784

 To amend the Federal Food, Drug, and Cosmetic Act to extend the food 
 labeling requirements of the Nutrition Labeling and Education Act of 
1990 to enable customers to make informed choices about the nutritional 
       content of standard menu items in large chain restaurants.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2008

 Mr. Harkin (for himself, Mrs. Feinstein, and Mr. Kennedy) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Food, Drug, and Cosmetic Act to extend the food 
 labeling requirements of the Nutrition Labeling and Education Act of 
1990 to enable customers to make informed choices about the nutritional 
       content of standard menu items in large chain restaurants.

    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 Howard M. Metzenbaum ``Menu Education 
and Labeling Act'' or the ``MEAL Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) research continues to reveal that--
                    (A) there is a strong link between diet and health; 
                and
                    (B) diet-related diseases start early in life;
            (2)(A) increased caloric intake is a key factor 
        contributing to the alarming increase in obesity in the United 
        States;
            (B) according to the Centers for Disease Control and 
        Prevention, \2/3\ of American adults are overweight or obese, 
        and the rates of obesity have doubled in children and tripled 
        in teens since 1980;
            (C) obesity increases the risk of diabetes, heart disease, 
        stroke, several types of cancer, and other health problems; and
            (D) the annual cost of obesity to families, businesses, and 
        governments in the United States is $117,000,000,000;
            (3) over the past 2 decades, there has been a significant 
        increase in the number of meals prepared or eaten outside the 
        home, with an estimated \1/3\ of calories and almost half of 
        total food dollars being spent on food purchased from or eaten 
        at restaurants and other food-service establishments;
            (4)(A) excess saturated fat intake is a major risk factor 
        for heart disease, which is the leading cause of death in the 
        United States; and
            (B) heart disease is a leading cause of disability among 
        working adults and its impact on the United States economy is 
        significant, estimated in 2005 to total $142,000,000,000 in 
        healthcare expenditures and lost productivity;
            (5)(A) increased sodium intake is associated with increased 
        risk of high blood pressure, or hypertension, a condition that 
        can lead to cardiovascular disease, especially stroke; and
            (B) the proportion of adults with high blood pressure is 45 
        percent at age 50, 60 percent at age 60, and more than 70 
        percent at age 70;
            (6) the Nutrition Labeling and Education Act of 1990 
        (Public Law 101-535) requires food manufacturers to provide 
        nutrition information on almost all packaged foods, however, 
        restaurant foods are exempt from those requirements unless a 
        nutrient content or health claim is made for a menu item;
            (7) about 75 percent of adults report using food labels on 
        packaged foods, which is associated with eating more healthful 
        diets, and approximately half of people report that the 
        nutrition information on food labels has caused them to change 
        their minds about buying a food product;
            (8) it is difficult for consumers to limit their intake of 
        calories at restaurants, given the limited availability of 
        nutrition information;
            (9) studies show that consumers would like nutrition 
        information to be provided at the time of ordering their food 
        at a restaurant, at the point of the sale, so as to enable them 
        to make an educated decision regarding what to order; and
            (10) a call to action from the Surgeon General and 
        Secretary of Health and Human Services recommends that, to 
        reduce the incidence of obesity, there be increased 
        availability of nutrition information for foods eaten and 
        prepared away from home.

SEC. 3. NUTRITION LABELING OF STANDARD MENU ITEMS AT CHAIN RESTAURANTS.

    Section 403(q)(5) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 343(q)(5)) is amended--
            (1) in clause (A)--
                    (A) in subclause (i), by inserting ``except as 
                provided in clauses (H) and (I),'' before ``which'' the 
                first place it appears; and
                    (B) in subclause (ii), by inserting ``except as 
                provided in clauses (H) and (I),'' before ``which'' the 
                first place it appears; and
            (2) by adding at the end the following:
    ``(H) Restaurants and Retail Food Establishments.--
            ``(i) In general.--Except for food described in subclause 
        (iii), in the case of food that is served, processed, or 
        prepared in a restaurant or similar retail food establishment 
        that is part of a chain with 20 or more locations doing 
        business under the same trade name (regardless of the type of 
        ownership of the locations), the restaurant or establishment 
        shall disclose the information described in subclause (ii).
            ``(ii) Information required to be disclosed.--Except as 
        provided in subclause (iii), the establishment shall disclose--
                    ``(I)(aa) in a statement adjacent to the name of 
                the food on any menu listing the food for sale, or by 
                any other means deemed equivalent by the Secretary, the 
                number of calories, grams of saturated fat plus trans 
                fat, and milligrams of sodium contained in a standard 
                serving of the food, as usually offered for sale, in a 
                clear and conspicuous manner; and
                    ``(bb) information, specified by the Secretary by 
                regulation, designed to enable the public to 
                understand, in the context of a total daily diet, the 
                significance of the nutrition information that is 
                provided; and
                    ``(II) in a statement adjacent to the name of the 
                food on any menu board or other sign listing the food 
                for sale, or by any other means deemed equivalent by 
                the Secretary--
                            ``(aa) the number of calories contained in 
                        a serving of the food, as usually offered for 
                        sale, in a clear and conspicuous manner; and
                            ``(bb) notification that the information 
                        required by subitems (aa) and (bb) of item (I) 
                        shall be provided in writing at the request of 
                        a prospective purchaser.
            ``(iii) Nonapplicability to certain food.--This clause does 
        not apply to--
                    ``(I) items that are not listed on a menu or menu 
                board (such as condiments and other items placed on the 
                table or counter for general use); or
                    ``(II) daily specials, temporary menu items, or 
                other irregular menu items, as specified by the 
                Secretary by regulation.
            ``(iv) Self-service facilities.--In the case of food sold 
        at a salad bar, buffet line, cafeteria line, or similar self-
        service facility, a restaurant or other establishment shall 
        place a sign that lists calories per standard serving adjacent 
        to each food offered.
            ``(v) Voluntary provision of nutrition information; state 
        regulation of nutrition information for restaurant food.--
                    ``(I) Retail food establishments.--Nothing in this 
                clause precludes a restaurant or similar retail food 
                establishment from providing additional nutrition 
                information, voluntarily, if the information complies 
                with the nutrition labeling requirements contained in 
                this subparagraph.
                    ``(II) State or local requirements.--Nothing in 
                this clause precludes a State or political subdivision 
                of a State from requiring that a restaurant or similar 
                food establishment provide nutrition information in 
                addition to that required under this clause.
            ``(vi) Regulations.--
                    ``(I) Proposed regulation.--Not later than 1 year 
                after the date of enactment of this clause, the 
                Secretary shall promulgate proposed regulations to 
                carry out this clause.
                    ``(II) Contents.--The regulations shall allow for 
                the variations in serving sizes and in food preparation 
                that can reasonably be expected to result from 
                inadvertent human error, training of food service 
                workers, and other factors.
                    ``(III) Final regulations.--Not later than 2 years 
                after the date of enactment of this clause, the 
                Secretary shall promulgate final regulations to 
                implement this clause.
                    ``(IV) Failure to promulgate final regulations by 
                required date.--If the Secretary does not promulgate 
                final regulations under item (III) by the date that is 
                2 years after the date of enactment of this clause--
                            ``(aa) the proposed regulations issued in 
                        accordance with item (I) shall become effective 
                        as the final regulations on the day after that 
                        date; and
                            ``(bb) the Secretary shall publish in the 
                        Federal Register notice of the final 
                        regulations.
    ``(I) Vending Machines.--
            ``(i) In general.--In the case of an article of food sold 
        from a vending machine that--
                    ``(I) does not permit a prospective purchaser to 
                examine the article so as to be able to read a 
                statement affixed to the article before purchasing the 
                article; and
                    ``(II) is operated by a person that is engaged in 
                the business of owning and operating 20 or more vending 
                machines;
        the vending machine operator shall provide a conspicuous sign 
        in close proximity to the article that includes a statement 
        disclosing the number of calories contained in the article.
            ``(ii) Voluntary provision of nutrition information; state 
        regulation of nutrition information for vending machines.--
                    ``(I) Vending machine operators.--Nothing in this 
                clause precludes a vending machine operator from 
                providing additional nutrition information, 
                voluntarily, if the information complies with the 
                nutrition labeling requirements contained in this 
                subparagraph.
                    ``(II) State or local requirements.--Nothing in 
                this title precludes a State or political subdivision 
                of a State from requiring that a vending machine 
                operator provide nutrition information in addition to 
                that required under this clause.
            ``(iii) Regulations.--
                    ``(I) Proposed regulation.--Not later than 1 year 
                after the date of enactment of this clause, the 
                Secretary shall promulgate proposed regulations to 
                carry out this clause.
                    ``(II) Final regulations.--Not later than 2 years 
                after the date of enactment of this clause, the 
                Secretary shall promulgate final regulations to 
                implement this clause.
                    ``(III) Failure to promulgate final regulations by 
                required date.--If the Secretary does not promulgate 
                final regulations under item (II) by the date that is 2 
                years after the date of enactment of this clause--
                            ``(aa) the proposed regulations issued in 
                        accordance with item (I) shall become effective 
                        as the final regulations on the day after that 
                        date; and
                            ``(bb) the Secretary shall publish in the 
                        Federal Register notice of the final 
                        regulations.''.
                                 <all>