To amend section 403 of the Federal Food, Drug, and Cosmetic Act to improve and clarify certain disclosure requirements for restaurants, similar retail food establishments, and vending machines.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Common Sense Nutrition Disclosure 
Act of 2012''.

SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS, 
              SIMILAR RETAIL FOOD ESTABLISHMENTS, AND VENDING MACHINES.

    Section 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) In general.--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) Reasonable basis defined.--
                                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) Menu; menu board.--The term 
                                `menu'''; and
                    (C) by adding at the end the following: 
                                    ``(II) Preset standard build.--The 
                                term `preset standard build' means the 
                                finished version of a menu item most 
                                commonly ordered by consumers.
                                    ``(III) Restaurant or similar 
                                retail food establishment.--The 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).''.

Summary: Common Sense Nutrition Disclosure Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. Requires the nutrient content disclosure statement on the menu or menu board to include: (1) the number of calories contained in the whole product. (2) the number of servings and number of calories per serving. Or (3) 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. Permits such information to be provided by a remote-access menu, such as through the internet, for food establishments where the majority of orders are placed by customers who are off-premises at the time the order is placed. Defines “reasonable basis” for a restaurant or similar food establishment’s nutrient content disclosures to mean that the nutrient disclosure is within acceptable allowances for variation in nutrient content, which shall include allowances for variations in serving size, inadvertent human error in formulation of menu items, and variations in ingredients. Sets forth the methods a restaurant or similar food establishment may use to determine nutritional content for disclosure, including ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. Defines preset standard build as the finished version of a menu item most commonly ordered by consumers. Applies the nutritional disclosure requirements to retail food establishments that derive more than 50 of their total revenue from the sale of food.