HR 2426 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

May 14, 2009CommentsClose CommentsPermalink

Ms. DELAURO (for herself, Mr. WAXMAN, Mr. GEORGE MILLER of California, Ms. ESHOO, Ms. SCHAKOWSKY, Mr. MCGOVERN, Mr. BRALEY of Iowa, Mr. ENGEL, Mr. HINCHEY, Mr. FILNER, Mr. SARBANES, Ms. WOOLSEY, Mrs. CAPPS, Ms. KAPTUR, Ms. WATSON, Mr. CUMMINGS, Mr. KIND, Mr. GENE GREEN of Texas, Ms. MCCOLLUM, Ms. LEE of California, Ms. SUTTON, Mr. MORAN of Virginia, Mr. BLUMENAUER, Mr. GRIJALVA, Mr. BRADY of Pennsylvania, Ms. CASTOR of Florida, Mr. COURTNEY, Mr. DELAHUNT, Mr. BUTTERFIELD, Mr. CAPUANO, Mr. LARSON of Connecticut, Ms. MATSUI, Mr. MCDERMOTT, Ms. ZOE LOFGREN of California, and Mr. MURPHY of Connecticut) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Menu Education and Labeling Act’ or the ‘ MEAL Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) research continues to reveal that--CommentsClose CommentsPermalink





(A) there is a strong link between diet and health; andCommentsClose CommentsPermalink





(B) diet-related diseases start early in life;CommentsClose CommentsPermalink





(2)(A) increased caloric intake is a key factor contributing to the alarming increase in obesity in the United States;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(D) obesity increases the risk of diabetes, heart disease, stroke, several types of cancer, and other health problems; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) studies have shown that the provision of nutrition information for away-from-home foods has a positive influence on food purchase decisions;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) standard portion sizes in fast food and chain restaurants have grown since the 1970s; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(H) Restaurants, Retail Food Establishments, and Vending Machines-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(AA) the number of calories;CommentsClose CommentsPermalink





‘(BB) grams of saturated fat plus trans fat;CommentsClose CommentsPermalink





‘(CC) grams of carbohydrate; andCommentsClose CommentsPermalink





‘(DD) milligrams of sodium,CommentsClose CommentsPermalink





per standard menu item, as usually prepared and offered for sale; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(aa) the number of calories contained in the menu item, as usually prepared and offered for sale;CommentsClose CommentsPermalink





‘(bb) notification that the information required by subitem (aa) of item (I) is available in writing at the point of ordering; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(vii) NONAPPLICABILITY TO CERTAIN FOOD- Subclauses (i)-(vi) do not apply to--CommentsClose CommentsPermalink





‘(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); orCommentsClose CommentsPermalink





‘(II) daily specials, temporary menu items appearing on the menu for less than 30 days, or custom orders.CommentsClose CommentsPermalink





‘(viii) VENDING MACHINES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- In the case of an article of food sold from a vending machine that--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(bb) is operated by a person who is engaged in the business of owning or operating 20 or more vending machines,CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





‘(ix) VOLUNTARY PROVISION OF NUTRITION INFORMATION; STATE REGULATION OF NUTRITION INFORMATION FOR RESTAURANT FOOD AND FOOD SOLD FROM VENDING MACHINES-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(x) REGULATIONS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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)’.CommentsClose CommentsPermalink