II 

113TH CONGRESS 

1ST SESSION S. 1756 

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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 21, 2013 

Mr. BLUNT (for himself and Mr. KING) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Common Sense Nutri5 tion Disclosure Act of 2013’’. 


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1 SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS 

2 FOR RESTAURANTS, SIMILAR RETAIL FOOD 

3 ESTABLISHMENTS, AND VENDING MACHINES. 

4 Section 403(q)(5)(H) of the Federal Food, Drug, and 

5 Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended— 

6 (1) in subclause (ii)— 

7 (A) in item (I)(aa) by striking ‘‘the num8 ber of calories contained in the standard menu 

9 item, as usually prepared and offered for sale’’ 

10 and inserting ‘‘the number of calories contained 

11 in the whole product, or the number of servings 

12 and number of calories per serving, or the num13 ber of calories per the common unit division of 

14 the product, such as for a multi-serving item 

15 that is typically divided before presentation to 

16 the consumer’’; 

17 (B) in item (II)(aa), by striking ‘‘the num18 ber of calories contained in the standard menu 

19 item, as usually prepared and offered for sale’’ 

20 and inserting ‘‘the number of calories contained 

21 in the whole product, or the number of servings 

22 and number of calories per serving, or the num23 ber of calories per the common unit division of 

24 the product, such as for a multi-serving item 

25 that is typically divided before presentation to 

26 the consumer’’; and 


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1 (C) by adding at the end the following 

2 flush text: 

3 ‘‘In the case of restaurants or similar re4 tail food establishments where the majority 

5 of orders are placed by customers who are 

6 off-premises at the time such order is 

7 placed, the information required to be dis8 closed under this subclause may be pro9 vided by a remote-access menu, such as 

10 one available on the Internet, instead of an 

11 on-premises menu.’’; 

12 (2) in subclause (iv)— 

13 (A) by striking ‘‘For the purposes of this 

14 clause,’’ and inserting the following: 

15 ‘‘(I) IN GENERAL.—For the pur16 poses of this clause,’’; 

17 (B) by striking ‘‘and other reasonable 

18 means’’ and inserting ‘‘or other reasonable 

19 means’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(II) REASONABLE BASIS DE22 FINED.—For purposes of this sub23 clause, with respect to a nutrient dis24 closure, the term ‘reasonable basis’ 

25 means that the nutrient disclosure is 


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1 within acceptable allowances for vari2 ation in nutrient content. Such ac3 ceptable allowances shall include al4 lowances for variation in serving size, 

5 inadvertent human error in formula6 tion of menu items, and variations in 

7 ingredients.’’; 

8 (3) in subclause (v)— 

9 (A) by inserting ‘‘contained in the whole 

10 product, or the number of servings and infor11 mation per serving, or the common unit division 

12 of the product, such as for a multi-serving item 

13 that is typically divided before presentation to 

14 the consumer,’’ before ‘‘that come in different 

15 flavors, varieties, or combinations,’’; 

16 (B) by striking ‘‘, through means deter17 mined by the Secretary, including ranges, aver18 ages, or other methods’’; and 

19 (C) by adding after the period at the end 

20 the following: ‘‘A restaurant or similar retail 

21 food establishment may determine and disclose 

22 such content by using any of the following 

23 methods: ranges, averages, individual labeling 

24 of flavors or components, or labeling of one pre25 set standard build. In addition to such methods, 


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1 the Secretary may allow the use of other meth2 ods, to be determined by the Secretary, for 

3 which there is a reasonable basis (as such term 

4 is defined in subclause (iv)(II)).’’; and 

5 (4) in subclause (xi)— 

6 (A) in the heading, by striking ‘‘DEFINI7 TION’’ and inserting ‘‘DEFINITIONS’’; 

8 (B) by striking ‘‘clause, the term ‘menu’ ’’ 

9 and inserting the following: ‘‘clause: 

10 ‘‘(I) MENU; MENU BOARD.—The 

11 term ‘menu’ ’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(II) PRESET STANDARD

14 BUILD.—The term ‘preset standard 

15 build’ means the finished version of a 

16 menu item most commonly ordered by 

17 consumers. 

18 ‘‘(III) RESTAURANT OR SIMILAR

19 RETAIL FOOD ESTABLISHMENT.—The 

20 term ‘restaurant or similar retail food 

21 establishment’ means a retail food es22 tablishment that derives more than 50 

23 percent of its total revenue from the 


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1 sale of food of the type described in 

2 subclause (i) or (ii) of clause (A).’’. 

Æ 


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