[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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