[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1653 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1653

    To amend the Federal Food, Drug, and Cosmetic Act to strengthen 
 requirements related to nutrient information on food labels, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2013

Mr. Blumenthal 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 strengthen 
 requirements related to nutrient information on food labels, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Food Labeling 
Modernization Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Additional requirements for front-of-packaging (FOP) labeling 
                            for processed foods.
Sec. 3. Claims for conventional foods.
Sec. 4. Use of specific terms.
Sec. 5. Modernization of the Nutrition Facts Panel.
Sec. 6. Ingredient labels.
Sec. 7. Caffeine content on information panel.
Sec. 8. Effective date; regulations.
Sec. 9. Definitions.

SEC. 2. ADDITIONAL REQUIREMENTS FOR FRONT-OF-PACKAGING (FOP) LABELING 
              FOR PROCESSED FOODS.

    (a) Summary Nutrition Labeling Information.--
            (1) In general.--Section 403 of Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 343) is amended by adding at the end 
        the following new paragraph:
    ``(z)(1) Except as provided in subparagraphs (3), (4), and (5) of 
paragraph (q), if it is food (other than a dietary supplement) intended 
for human consumption and is offered for sale and otherwise required to 
bear nutrition labeling, unless its principal display panel bears 
summary nutrition information that reflects the overall nutritional 
value of the food or specified ingredients, as specified in accordance 
with regulations of the Secretary, and does not contain any summary 
nutritional information which is in addition to or inconsistent with 
the information required under this subparagraph.''.
            (2) Principles for implementing regulations.--In 
        promulgating regulations regarding the summary nutrition 
        information required under the amendment made by paragraph (1), 
        the Secretary of Health and Human Services shall take into 
        account published reports of the Institute of Medicine of the 
        National Academy of Sciences regarding such information and 
        base regulations on the following principles:
                    (A) There should be a single simple, standard 
                symbol system that displays calorie information related 
                to a common serving size, and information related to 
                nutrients strongly associated with public health 
                concerns.
                    (B) Consumers should be able to quickly and easily 
                comprehend the meaning of the symbol system as an 
                indicator of a product's contribution to a healthy 
                diet.
                    (C) The information should appear on all products 
                that are required to bear nutrition labeling.
                    (D) The information should--
                            (i) appear in a consistent location on the 
                        principal display panels across products;
                            (ii) have a prominent design that visually 
                        contrasts with existing packaging design; and
                            (iii) be sufficiently large.
                    (E) The nutrition information should be consistent 
                with the Nutrition Facts Panel and with the 
                recommendations of the Dietary Guidelines of Americans.
                    (F) The information should aim to facilitate 
                consumer selection of healthy product options, 
                including among nutritionally at-risk subpopulations.
                    (G) The Secretary should periodically evaluate the 
                front-of-package information to assess its ability to 
                help facilitate consumer selection of healthy product 
                options and the extent to which manufacturers are 
                offering healthier products as a result of the 
                disclosure.
                    (H) The implementation of the information 
                disclosure should be accompanied by appropriate 
                consumer education and promotion campaigns determined 
                by the Secretary.
    (b) Percentage of Wheat and Grains in Grain-Based Products.--
Section 403(z) of Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
343(z)), as added by subsection (a)(1), is further amended by adding at 
the end the following new subparagraph:
    ``(2) If, in the case of food other than a dietary supplement, the 
principal display panel bears--
            ``(A) the phrase `made with whole grain', the term 
        `multigrain', or similar descriptive phrases, terms, or 
        representations with respect to whole grain content, unless the 
        amount of whole grains, expressed as a percentage of total 
        grains, is conspicuously disclosed in immediate proximity to 
        such descriptive phrase, term, or representation; or
            ``(B) the terms `wheat' or `whole wheat' on breads, pasta, 
        crackers, or similar wheat-based products, unless the 
        percentage of whole wheat by weight contained in the food is 
        conspicuously declared in immediate proximity to that term or 
        there is a conspicuous declaration that the food `contains no 
        whole wheat' in immediate proximity to that term.''.
    (c) Sweeteners, Coloring, and Flavoring.--Section 403(z) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(z)) is further 
amended by adding at the end the following new subparagraph:
    ``(3) If, in the case of food other than a dietary supplement, it 
bears or contains any added artificial or natural coloring, any added 
artificial or natural non-caloric sweetener, or any added artificial or 
natural flavoring, unless such fact is prominently stated on the 
principal display panel of a package or container of the food.''.
    (d) Conforming Amendment.--The second sentence of section 403(k) of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(k)) is amended 
by striking ``and (i)'' and inserting ``, (i), and (z)''.
    (e) Construction.--Nothing in this section shall be construed as 
affecting any requirement in regulation in effect as of the date of the 
enactment of this Act with respect to matters that are required to be 
stated on the principal display panel of a package or container of food 
that is not required by an amendment made by this section or as 
restricting the authority of the Secretary of Health and Human Services 
to require additional information be disclosed on such a principal 
display panel.

SEC. 3. CLAIMS FOR CONVENTIONAL FOODS.

    (a) Structure and Function Claims.--
            (1) Guidance.--Not later than one year after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall issue comprehensive guidance clarifying the 
        application of section 403(r) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 343(r)) with respect to the mechanisms 
        by which a nutrient in food (other than a dietary supplement) 
        is intended to affect the structure or any function of the 
        human body, or characterize the documented mechanism by which a 
        nutrient in such food acts to maintain such structure or 
        function.
            (2) Substantiation of claim.--Section 403(r) of Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended--
                    (A) by redesignating subparagraph (7) as 
                subparagraph (8); and
                    (B) by inserting after subparagraph (6) the 
                following:
            ``(7) If the Secretary requests that a claim under 
        paragraph (r)(1)(B) for food (other than a dietary supplement) 
        be substantiated, then not later than 90 days after the date on 
        which the Secretary makes such request, the manufacturer shall 
        provide to the Secretary all documentation in the 
        manufacturer's possession relating to the claim.''.
    (b) Trans Fats.--Section 403(r)(2)(A) of Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(r)(2)(A)) is amended--
            (1) in subclause (iii)--
                    (A) in the matter before item (I), by striking 
                ``fat or saturated fat'' and inserting ``fat, saturated 
                fat, or trans fats''; and
                    (B) in item (II), by striking ``fat or saturated 
                fat'' and inserting ``fat, saturated fat, or trans 
                fats'';
            (2) in subclause (iv), by striking ``saturated fat'' and 
        inserting ``saturated fat or trans fats'' each place it 
        appears;
            (3) by redesignating subclauses (v) and (vi) as subclauses 
        (vi) and (vii), respectively; and
            (4) by inserting after subclause (iv) the following new 
        subclause:
            ``(v) may not be made with respect to the level of trans 
        fats in the food unless the food contains less than one gram of 
        saturated fat per serving or, if the food contains more than 
        one gram of saturated fat per serving, unless the label or 
        labeling of the food discloses the level of saturated fat in 
        the food in immediate proximity to such claim and with 
        appropriate prominence which shall be no less than one-half the 
        size of the claim with respect to the level of trans fats,''.

SEC. 4. USE OF SPECIFIC TERMS.

    (a) Use of the Term ``Natural''.--Section 403 of Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 2, is 
further amended by adding at the end the following new paragraph:
    ``(aa) If, in the case of food other than a dietary supplement, the 
label bears the term `natural' and the food contains any artificial 
ingredient (including any artificial flavor or artificial color), 
including--
            ``(1) any ingredient that is synthesized but has the same 
        chemical structure as a naturally occurring ingredient;
            ``(2) any ingredient that has undergone chemical changes, 
        such as corn syrup, high-fructose corn syrup, high-maltose corn 
        syrup, maltodextrin, chemically modified starch, cocoa 
        processed with alkali, but not including--
                    ``(A) food that has undergone traditional processes 
                used to make food edible, to preserve food, or to make 
                food safe for human consumption (such as smoking, 
                roasting, freezing, drying, and fermenting processes); 
                or
                    ``(B) food that has undergone traditional physical 
                processes that do not fundamentally alter the raw 
                product or which only separate a whole intact food into 
                component parts (such as grinding grains, separating 
                eggs into albumen and yolk, or pressing fruits to 
                produce juice); or
            ``(3) any other artificially-created ingredient that the 
        Secretary specifies in regulations.''.
    (b) Use of Term ``Healthy''.--The Secretary of Health and Human 
Services shall revise the regulations under the Federal Food, Drug, and 
Cosmetic Act relating to the use of the term ``healthy'' on the label 
of a food (other than a dietary supplement) to take into account the 
extent to which such food contains added sugars or whole grains. In the 
case of a food (other than a dietary supplement) that contains grains, 
in revising such regulations, the Secretary shall not consider the food 
to be ``healthy'' unless at least half of those grains, by weight, are 
whole grains.

SEC. 5. MODERNIZATION OF THE NUTRITION FACTS PANEL.

    (a) Disclosure of Calorie Information.--Section 403(q)(1) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(1)) is amended--
            (1) by striking the period at the end the clause (E) and 
        inserting a comma;
            (2) by inserting after clause (E) the following new clause:
                    ``(F) in the case of food other than a dietary 
                supplement--
                            ``(i) the percent of recommended daily 
                        calories that are provided by one serving of 
                        the product, based on a recommended daily 
                        consumption of calories determined by the 
                        Secretary to be appropriate for members of the 
                        general population; and
                            ``(ii) at the discretion of the Secretary, 
                        the percent of recommended daily calories that 
                        are provided by one serving of the product--
                                    ``(I) for members of any 
                                subpopulation identified by the 
                                Secretary; and
                                    ``(II) based on a recommended daily 
                                consumption of calories determined by 
                                the Secretary to be appropriate for 
                                members of such subpopulation.''; and
            (3) by adding, after the flush text following clause (F), 
        as added by paragraph (2), the following: ``The information 
        required under clause (C)(i) shall, in the case of food other 
        than a dietary supplement, appear in a typeface and design 
        which is more prominent and conspicuous than that used for 
        other information required under this subparagraph.''.
    (b) Serving Size.--Section 403(q)(1)(A)(i) of Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 343(q)(1)(A)(i)) is amended by inserting 
``, or, in the case of a food (other than a dietary supplement) that is 
packaged in an amount that could reasonably be consumed in a single-
eating occasion, which is an amount equal to the amount of food 
contained in the package'' before ``, or''.
    (c) Disclosure of Information Relating to Sugar on Nutrition Fact 
Panel.--
            (1) In general.--Section 403(q)(1) of Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 343(q)(1)), as amended by 
        subsection (a), is amended--
                    (A) in subparagraph (D), by striking ``sugars'' and 
                inserting ``sugars (and, in the case of food other than 
                a dietary supplement, total sugars, and, of that, added 
                sugars)''; and
                    (B) by inserting after clause (F) the following new 
                clause:
                    ``(G) in the case of food other than a dietary 
                supplement--
                            ``(i) the percent of added sugars 
                        recommended for daily consumption that are 
                        provided by one serving of the product, based 
                        on a recommended daily consumption of calories 
                        determined by the Secretary to be appropriate 
                        for members of the general population; and
                            ``(ii) at the discretion of the Secretary, 
                        the percent of added sugars recommended for 
                        daily consumption that are provided by one 
                        serving of the product--
                                    ``(I) for members of any 
                                subpopulation identified by the 
                                Secretary; and
                                    ``(II) based on a recommended daily 
                                consumption of calories determined by 
                                the Secretary to be appropriate for 
                                members of such subpopulation.''.

SEC. 6. INGREDIENT LABELS.

    (a) Grouping of Sugars, Non-Caloric Sweeteners, and Sugar Alcohols 
for Ordering of Predominance.--Section 403 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 343), as amended by sections 2 and 4, is 
amended by adding at the end the following new paragraph:
    ``(bb) In case it is food other than a dietary supplement and is 
fabricated from two or more ingredients, unless--
            ``(A) any sugars, non-caloric sweeteners, or sugar alcohols 
        are each treated as a group in the list of ingredients on the 
        label, including for purposes of determining the order of 
        predominance of ingredients; and
            ``(B) individual sugars, non-caloric sweeteners, and sugar 
        alcohols are listed parenthetically within each such group in 
        their order of predominance within the group.''.
    (b) Format of Ingredient Labels.--
            (1) In general.--The Secretary of Health and Human Services 
        shall include requirements for the format of the information 
        required under section 403(i) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 343(i))--
                    (A) for the purpose of improving the readability of 
                such information on the label of the food (other than a 
                dietary supplement); and
                    (B) that are, as determined by the Secretary, 
                necessary to assist consumers in maintaining healthy 
                dietary practices.
            (2) Format requirements.--The format requirements referred 
        to in paragraph (1) shall include requirements for upper- and 
        lower-case characters, serif and noncondensed font types, high-
        contrast between text and background, and bullet points between 
        adjacent ingredients with appropriate exemptions for small 
        packages or other considerations.

SEC. 7. CAFFEINE CONTENT ON INFORMATION PANEL.

    Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 343(i)) is amended--
            (1) by striking ``and (2)'' and inserting ``(2)'';
            (2) by striking ``and if the food purports'' and inserting 
        ``, (3) if the food purports''; and
            (3) by inserting ``, and (4) if the food is food other than 
        a dietary supplement and contains at least 10 milligrams of 
        caffeine from all sources per serving, a statement (with 
        appropriate prominence near the statement of ingredients 
        required by this paragraph) of the number of milligrams of 
        caffeine contained in one serving of the food and the size of 
        such serving'' after ``vegetable juice contained in the food''.

SEC. 8. EFFECTIVE DATE; REGULATIONS.

    (a) Effective Date.--The amendments made by--
            (1) sections 3 through 7 shall take effect on the date that 
        is 2 years after the date of enactment of this Act; and
            (2) section 2 shall take effect on the date that is 3 years 
        after such date of enactment.
    (b) Regulations.--
            (1) Proposed regulations.--The Secretary of Health and 
        Human Services shall propose regulations--
                    (A) not later than 1 year after the date of 
                enactment of this Act, to implement the amendments made 
                by sections 3 through 7; and
                    (B) not later than 2 years after such date of 
                enactment, to implement the amendments made by section 
                2.
            (2) Final regulations.--The Secretary of Health and Human 
        Services shall promulgate final regulations--
                    (A) not later than 2 years after such date of 
                enactment, to implement the amendments made by sections 
                3 through 7; and
                    (B) not later than 3 years after such date of 
                enactment to implement the amendments made by section 
                2.
            (3) Deadline.--If the Secretary of Health and Human 
        Services does not issue a final regulation by the deadline 
        specified in subparagraph (A) or (B) of paragraph (2), the 
        corresponding proposed regulation under subparagraph (A) or (B) 
        of paragraph (1) shall become final on the respective deadline.

SEC. 9. DEFINITIONS.

    In this Act, the terms ``food'' and ``dietary supplement'' have the 
meanings given to such terms in section 201 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 321).
                                 <all>