1.This Act may be cited as the
Common Sense Nutrition Disclosure Act
of 2012
.
2.Amending certain
disclosure requirements for restaurants, similar retail food establishments,
and vending machinesSection
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)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)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)The term
menu
;
and
(C)by adding at the
end the following:
(II)The term preset
standard build means the finished version of a menu item most commonly
ordered by consumers.
(III)Restaurant or
similar retail food establishmentThe 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).
.