[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1048 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1048
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
May 14, 2009
Mr. Harkin (for himself, Mr. Kennedy, Mrs. Gillibrand, and Mr. Reed)
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 ``Howard M. Metzenbaum 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) Americans' average calorie intake increased by
approximately 200 calories per day between 1977 and 1996, with
restaurant and fast food accounting for the fastest growing
source of those calories;
(C) according to the Centers for Disease Control and
Prevention, \2/3\ of American adults is overweight or obese,
and an estimated 34 percent of children and adolescents aged 2
to 19 is overweight or obese;
(D) obesity increases the risk of diabetes, heart disease,
stroke, several types of cancer, and other health problems; and
(E) the annual cost of obesity to families, businesses, and
governments in the United States is $123,000,000,000, half of
which is paid through Medicare and Medicaid;
(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) studies link eating outside the home with obesity and
higher caloric intakes, and children eat almost twice as many
calories when they eat a meal at a restaurant compared to a
meal they eat at home;
(5)(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 2008 to total $156,400,000,000 in
healthcare expenditures and lost productivity;
(6)(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;
(7) 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;
(8)(A) about 75 percent of adults reports using food labels
on packaged foods, which is associated with eating more
healthful diets, and approximately half of adults reports that
the nutrition information on food labels has caused them to
change their minds about buying a food product; and
(B) studies have shown that the provision of nutrition
information for away-from-home foods has a positive influence
on food purchase decisions;
(9) an important benefit of mandatory nutrition labeling on
packaged foods has been the reformulation of existing products
and the introduction of new, nutritionally-improved products,
such as trans fat labeling on packaged food that led many
packaged food companies to reformulate their products to remove
trans fat;
(10)(A) because people have a right to information,
companies are required to provide information regarding the
fuel-efficiency of automobiles, what clothes are made of, care
instructions for clothing, and energy and water consumption of
certain home appliances; and
(B) people need nutritional information to manage their
weight and reduce the risk of, or manage, heart disease,
diabetes, and high blood pressure, which are leading causes of
death, disability, and high health care costs;
(11)(A) it is difficult for consumers to exercise personal
responsibility and limit their intake of calories at
restaurants, given the limited availability of nutrition
information at the point of ordering in restaurants;
(B) standard portion sizes in fast food and chain
restaurants have grown since the 1970s; and
(C) several studies show that people are unable to identify
from among popular fast food and other chain restaurant menu
items those items with the fewest, and those items with the
most, calories;
(12) the Food and Drug Administration, Surgeon General,
Department of Health and Human Services, National Cancer
Institute, Institute of Medicine of the National Academies,
American Diabetes Association, American Heart Association, and
American Medical Association recommend that there be increased
availability of nutrition information for foods eaten and
prepared away from home; and
(13) menu labeling policies have been introduced in more
than 30 States and localities, and menu labeling policies have
passed in California; New York City; Multnomah County
(Portland), Oregon; King County (Seattle), Washington; and
Philadelphia, Pennsylvania.
SEC. 3. NUTRITION LABELING OF STANDARD MENU ITEMS AT CHAIN RESTAURANTS
AND OF ARTICLES OF FOOD SOLD FROM VENDING MACHINES.
(a) Labeling Requirements.--Section 403(q)(5) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)) is amended by adding at
the end the following:
``(H) Restaurants, Retail Food Establishments, and Vending
Machines.--
``(i) General requirements for restaurants and similar
retail food establishments.--Except for food described in
subclause (vii), in the case of food that is a menu item 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 name (regardless
of the type of ownership of the locations) and offering for
sale substantially the same menu items the restaurant or
establishment shall disclose the information described in
subclauses (ii) and (iii).
``(ii) Information required to be disclosed by restaurants
and retail food establishments.--Except as provided in
subclause (vii), the restaurant or similar retail food
establishment shall disclose in a clear and conspicuous
manner--
``(I)(aa) in a statement adjacent to the name of
the standard menu item, so as to be clearly associated
with the standard menu item, on any menu listing the
item for sale--
``(AA) the number of calories;
``(BB) grams of saturated fat plus trans
fat;
``(CC) grams of carbohydrate; and
``(DD) milligrams of sodium,
per standard menu item, as usually prepared and
offered for sale; and
``(bb) information, specified by the Secretary by
regulation, provided in a prominent location on the
menu and designed to enable the public to understand,
in the context of a total daily diet, the significance
of the nutrition information that is provided, such as
recommended daily limits for calories, saturated fat,
and sodium;
``(II) in a statement adjacent to the name of the
standard menu item, so as to be clearly associated with
the standard menu item, on any menu board, including a
drive-through menu board or other sign listing the item
for sale--
``(aa) the number of calories contained in the menu
item, as usually prepared and offered for sale;
``(bb) notification that the information required
by subitem (aa) of item (I) is available in writing at
the point of ordering; and
``(cc) information, specified by the Secretary by
regulation and posted prominently on the menu board,
designed to enable the public to understand, in the
context of a total daily diet, the significance of the
nutrition information that is provided.
``(iii) Self-service food and food on display.--In the case
of food sold at a salad bar, buffet line, cafeteria line, or
similar self-service facility, and for self-service beverages
or food that is on display and that is visible to customers, a
restaurant or similar retail food establishment shall place
adjacent to each food offered a sign that lists calories per
displayed food item or per serving.
``(iv) Nutrition analysis.--For the purposes of this
clause, a restaurant or similar retail food establishment shall
obtain the nutrient analysis required by this clause using
analytic methods and express nutrient content in a manner
consistent with this Act.
``(v) Menu variability and combination meals.--The
Secretary shall establish by regulation standards for labeling
menu items that come in different flavors, varieties, or
combinations, but which are listed as a single menu item, such
as soft drinks, ice cream, pizza, doughnuts, or children's
combination meals.
``(vi) Additional information.--If the Secretary determines
that a nutrient other than those for which a statement is
required under subclause (ii)(I) should be included in labeling
of menu items for the purpose of providing information to
assist consumers in maintaining healthy dietary practices, the
Secretary may promulgate regulations requiring that such
information be included in labeling at restaurants and similar
retail food establishments.
``(vii) Nonapplicability to certain food.--Subclauses (i)-
(vi) do 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
appearing on the menu for less than 30 days, or custom
orders.
``(viii) Vending machines.--
``(I) In general.--In the case of an article of
food sold from a vending machine that--
``(aa) does not permit a prospective
purchaser to examine the Nutrition Facts Panel
before purchasing the article or does not
otherwise provide visible nutrition information
at the point of purchase; and
``(bb) is operated by a person who is
engaged in the business of owning or operating
20 or more vending machines,
the vending machine operator shall provide a sign in
close proximity to each article of food or the
selection button that includes a clear and conspicuous
statement disclosing the number of calories contained
in the article.
``(ix) Voluntary provision of nutrition information; state
regulation of nutrition information for restaurant food and
food sold from vending machines.--
``(I) Additional information.--Nothing in this
clause precludes a restaurant or similar retail food
establishment or a vending machine operator from
providing additional nutrition information,
voluntarily, if the information complies with the
nutrition labeling requirements under this Act.
``(II) Other food establishments and vending
machine operators.--Nothing in this clause precludes a
restaurant or similar retail food establishment or a
vending machine operator that is not required to
disclose nutrition information under this clause from
providing nutrition information voluntarily, if the
information complies with the nutrition labeling
requirements under this subparagraph.
``(III) State or local requirements.--Nothing in
this clause precludes a State or political subdivision
of a State from requiring that a restaurant or similar
retail food establishment or a vending machine
operator, including a restaurant or similar retail food
establishment or vending machine operator that is not
required to disclose nutrition information under this
clause, provide nutrition information in addition to
that required under this clause.
``(x) 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
reasonable variations in serving sizes and in food
preparation that may result from inadvertent human
error, training of food service workers, variations in
ingredients, and other factors.
``(III) Reporting.--The Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce
of the House of Representatives a quarterly report that
describes the Secretary's progress toward promulgating
final regulations under this subparagraph.''.
(b) Non-Preemption.--Subsection (a)(4) of section 403A of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(4)) is amended
by inserting ``or a labeling requirement under section 403(q)(5)(H)''
after ``section 403(q)(5)(A)''.
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