[Congressional Record Volume 152, Number 72 (Thursday, June 8, 2006)]
[Senate]
[Pages S5669-S5670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself and Ms. Cantwell):
  S. 3484. 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; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. HARKIN. Mr. President, today I am pleased to introduce the Menu 
Education and Labeling Act of 2006, along with my colleague, Senator 
Cantwell of Washington. Our bill would extend the successful nutrition 
labeling that has been on packaged foods since the mid nineties to 
include foods at chain restaurants with 20 or more outlets and food 
sold in vending machines. The aim of this bill is to help Americans to 
take better charge of their health by giving them the tools that they 
need to make sound nutrition choices for themselves and their children.
  It is no secret that poor health and the resulting health costs are 
major problems in the United States. According to the Centers for 
Medicare and Medicaid Services, total health care spending in the 
United States in 2004 was $1.8 trillion, and is expected to double by 
approximately 2014. Furthermore, chronic diseases, which are, in many 
cases preventable, account for approximately 75 percent of health care 
costs annually.
  Poor nutrition, diet-related chronic diseases, overweight, and 
obesity are public health threats of the first order. Heart disease and 
stroke are the first and third leading causes of death in the United 
States and together, they account for about 40 percent of annual deaths 
in the United States. In addition, nearly two-thirds of adults are 
either overweight or obese.
  But it is not just adults who are affected by poor diets. Kids are 
increasingly at risk as well. According to the National Academy of 
Sciences, over the last three decades, the obesity rate has doubled 
among preschoolers and adolescents, and tripled for kids between ages 6 
and 11. For children born today, it is estimated that 30 percent of 
boys and 40 percent of girls will develop diabetes. Some scientists are 
predicting that the current generation of children may well be the 
first in American history to live shorter lives than their parents, 
largely because of poor diets and diet-related chronic disease.
  The issues are economic as well. The economic impact of chronic 
disease can be seen in the annual costs associated with various 
conditions. Cardiovascular disease and stroke are estimated to cost 
$352 billion annually. The yearly economic impacts of obesity, cancer, 
and diabetes are estimated at $117 billion, $172 billion, and $132 
billion, respectively. So we need to promote common-sense steps to 
prevent these conditions. Increasing consumer knowledge is one of them.
  This bill will give consumers a much-needed tool to make wiser 
choices and achieve healthier lifestyles. Will individual steps like 
this, by themselves, be enough to turn the tide of chronic disease and 
poor health? Of course not. But we must look for opportunities to give 
consumers information they can use to take better control of their 
health.
  In 1990, Congress passed the Nutrition Labeling and Education Act, 
NLEA, requiring food manufacturers to provide nutrition information on 
nearly all packaged foods. The impact has been extremely positive. Not 
only do nearly three-quarters of adults read and use the food labels on 
packaged foods, but studies indicate that consumers who read labels 
have healthier diets. It's time to extend this same opportunity to 
consumers who want to make smart nutrition choices in restaurants and 
at vending machines.
  More and more of Americans' food dollars are spent in restaurants. 
Restaurants play an increasingly important role in Americans' diet and 
health. But restaurants were excluded from the NLEA.
  Today, American adults and children consume a third of their calories 
at restaurants. Nutrition and health experts say that rising caloric 
consumption and growing portion sizes are causes of overweight and 
obesity. We also know that when children eat in restaurants, they 
consume twice as many calories as when they eat at home. Consumers say 
that they would like nutrition information provided when they order 
their food at restaurants. However, while they are fully informed about 
the nutrition content of food available in supermarkets, consumers at 
restaurants are almost totally in the dark, left to guess about what is 
in the foods they are ordering. This legislation seeks to remedy this 
so that consumers can make the same informed choices in a restaurant 
that they are currently able to make in the grocery store.
  This legislation requires restaurants to convey only minimal but 
essential information, including calories, grams of fat and trans fat, 
and milligrams of sodium for each serving. In addition, it recognizes 
there may be inadvertent human errors that affect things such as 
variations in serving sizes and food preparation, so the bill directs 
the Secretary of Health and Human Services,

[[Page S5670]]

in promulgating regulations, to allow for some reasonable leeway. And 
finally, it recognizes that menus change from time to time, so the 
labeling requirements would not apply to daily specials or to temporary 
menu items. In short, we are not trying to require information for 
every individual thing that is made available at restaurants, but we 
are asking restaurants to provide clear and consistent information on 
those menu items that are broadly and consistently available.
  There are some who will say this is impractical and an extraordinary 
burden on restaurants. I disagree. I have been through this debate 
before, when Congress was considering the NLEA. We heard the same 
parade of arguments and horror stories. But the law was passed anyway 
and, lo and behold, the sky did not fall. To the contrary, businesses 
made simple adjustments. Americans got access to the necessary 
information. It had positive health benefits. And at the end of the 
day, things worked out just fine.
  In fact, you can even look at the Senate to see the potential success 
of this law. A couple of years ago, I wrote to the administrator of the 
Senate cafeteria, to which I often send out for lunch. I simply 
requested that the cafeteria, if possible, provide nutrition 
information on standard menu items. Not more than a couple of months 
later, printed handouts were available in the cafeteria with detailed 
nutrition information on the daily menu. This is not McDonald's, Burger 
King or Arby's. This is the Senate cafeteria. And by gosh, if the 
Senate cafeteria can do this without an undue burden, then surely so 
can the largest restaurant chains in the country.
  I believe that most Americans want to take more charge of their 
health. They want to make the best decisions for both themselves and 
for their children. But it is hard to do so without nutrition 
information upon which they can base their informed decisions. This 
legislation seeks to give Americans the information they want and need. 
This will be a simple but very important step in the right direction, 
helping ourselves and our children to live healthier, happier, and more 
productive lives. I urge my colleagues to join us in supporting the 
Menu Education and Labeling Act of 2006.
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