II 

111TH CONGRESS 

1ST SESSION S. 1048 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2009 

Mr. HARKIN (for himself, Mr. KENNEDY, Mrs. GILLIBRAND, and Mr. REED) 

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 

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. 

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 ‘‘Howard M. Metzen5 baum Menu Education and Labeling Act’’ or the ‘‘Howard 

6 M. Metzenbaum MEAL Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) research continues to reveal that— 

4 (A) there is a strong link between diet and 

5 health; and 

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

7 (2)(A) increased caloric intake is a key factor 

8 contributing to the alarming increase in obesity in 

9 the United States; 

10 (B) Americans’ average calorie intake increased 

11 by approximately 200 calories per day between 1977 

12 and 1996, with restaurant and fast food accounting 

13 for the fastest growing source of those calories; 

14 (C) according to the Centers for Disease Control and Prevention, 2 15 ⁄3 of American adults is over16 weight or obese, and an estimated 34 percent of chil17 dren and adolescents aged 2 to 19 is overweight or 

18 obese; 

19 (D) obesity increases the risk of diabetes, heart 

20 disease, stroke, several types of cancer, and other 

21 health problems; and 

22 (E) the annual cost of obesity to families, busi23 nesses, and governments in the United States is 

24 $123,000,000,000, half of which is paid through 

25 Medicare & Medicaid; 


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1 (3) over the past 2 decades, there has been a 

2 significant increase in the number of meals prepared 

or eaten outside the home, with an estimated 1 3 ⁄3 of 

4 calories and almost half of total food dollars being 

5 spent on food purchased from or eaten at res6 taurants and other food-service establishments; 

7 (4) studies link eating outside the home with 

8 obesity and higher caloric intakes, and children eat 

9 almost twice as many calories when they eat a meal 

10 at a restaurant compared to a meal they eat at 

11 home; 

12 (5)(A) excess saturated fat intake is a major 

13 risk factor for heart disease, which is the leading 

14 cause of death in the United States; and 

15 (B) heart disease is a leading cause of disability 

16 among working adults and its impact on the United 

17 States economy is significant, estimated in 2008 to 

18 total $156,400,000,000 in healthcare expenditures 

19 and lost productivity; 

20 (6)(A) increased sodium intake is associated 

21 with increased risk of high blood pressure, or hyper22 tension, a condition that can lead to cardiovascular 

23 disease, especially stroke; and 


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1 (B) the proportion of adults with high blood 

2 pressure is 45 percent at age 50, 60 percent at age 

3 60, and more than 70 percent at age 70; 

4 (7) the Nutrition Labeling and Education Act 

5 of 1990 (Public Law 101–535) requires food manu6 facturers to provide nutrition information on almost 

7 all packaged foods; however, restaurant foods are ex8 empt from those requirements unless a nutrient con9 tent or health claim is made for a menu item; 

10 (8)(A) about 75 percent of adults reports using 

11 food labels on packaged foods, which is associated 

12 with eating more healthful diets, and approximately 

13 half of adults reports that the nutrition information 

14 on food labels has caused them to change their 

15 minds about buying a food product; and 

16 (B) studies have shown that the provision of 

17 nutrition information for away-from-home foods has 

18 a positive influence on food purchase decisions; 

19 (9) an important benefit of mandatory nutrition 

20 labeling on packaged foods has been the reformula21 tion of existing products and the introduction of 

22 new, nutritionally-improved products, such as trans 

23 fat labeling on packaged food that led many pack24 aged food companies to reformulate their products 

25 to remove trans fat; 


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1 (10)(A) because people have a right to informa2 tion, companies are required to provide information 

3 regarding the fuel-efficiency of automobiles, what 

4 clothes are made of, care instructions for clothing, 

5 and energy and water consumption of certain home 

6 appliances; and 

7 (B) people need nutritional information to man8 age their weight and reduce the risk of, or manage, 

9 heart disease, diabetes, and high blood pressure, 

10 which are leading causes of death, disability, and 

11 high health care costs; 

12 (11)(A) it is difficult for consumers to exercise 

13 personal responsibility and limit their intake of cal14 ories at restaurants, given the limited availability of 

15 nutrition information at the point of ordering in res16 taurants; 

17 (B) standard portion sizes in fast food and 

18 chain restaurants have grown since the 1970s; and 

19 (C) several studies show that people are unable 

20 to identify from among popular fast food and other 

21 chain restaurant menu items those items with the 

22 fewest, and those items with the most, calories; 

23 (12) the Food and Drug Administration, Sur24 geon General, Department of Health and Human 

25 Services, National Cancer Institute, Institute of 


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1 Medicine of the National Academies, American Dia2 betes Association, American Heart Association, and 

3 American Medical Association recommend that there 

4 be increased availability of nutrition information for 

5 foods eaten and prepared away from home; and 

6 (13) menu labeling policies have been intro7 duced in more than 30 States and localities, and 

8 menu labeling policies have passed in California; 

9 New York City; Multnomah County (Portland), Or10 egon; King County (Seattle), Washington; and 

11 Philadelphia, Pennsylvania. 

12 SEC. 3. NUTRITION LABELING OF STANDARD MENU ITEMS 

13 AT CHAIN RESTAURANTS AND OF ARTICLES 

14 OF FOOD SOLD FROM VENDING MACHINES. 

15 (a) LABELING REQUIREMENTS.—Section 403(q)(5) 

16 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

17 343(q)(5)) is amended by adding at the end the following: 

18 ‘‘(H) RESTAURANTS, RETAIL FOOD ESTABLISH19 MENTS, AND VENDING MACHINES.— 

20 ‘‘(i) GENERAL REQUIREMENTS FOR RES21 TAURANTS AND SIMILAR RETAIL FOOD ESTABLISH22 MENTS.—Except for food described in subclause 

23 (vii), in the case of food that is a menu item that 

24 is served, processed, or prepared in a restaurant or 

25 similar retail food establishment that is part of a 


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1 chain with 20 or more locations doing business 

2 under the same name (regardless of the type of own3 ership of the locations) and offering for sale sub4 stantially the same menu items the restaurant or es5 tablishment shall disclose the information described 

6 in subclauses (ii) and (iii). 

7 ‘‘(ii) INFORMATION REQUIRED TO BE DIS8 CLOSED BY RESTAURANTS AND RETAIL FOOD ES9 TABLISHMENTS.—Except as provided in subclause 

10 (vii), the restaurant or similar retail food establish11 ment shall disclose in a clear and conspicuous man12 ner— 

13 ‘‘(I)(aa) in a statement adjacent to the 

14 name of the standard menu item, so as to be 

15 clearly associated with the standard menu item, 

16 on any menu listing the item for sale— 

17 ‘‘(AA) the number of calories; 

18 ‘‘(BB) grams of saturated fat plus 

19 trans fat; 

20 ‘‘(CC) grams of carbohydrate; and 

21 ‘‘(DD) milligrams of sodium, 

22 per standard menu item, as usually pre23 pared and offered for sale; and 

24 ‘‘(bb) information, specified by the Sec25 retary by regulation, provided in a prominent 


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1 location on the menu and designed to enable 

2 the public to understand, in the context of a 

3 total daily diet, the significance of the nutrition 

4 information that is provided, such as rec5 ommended daily limits for calories, saturated 

6 fat, and sodium; 

7 ‘‘(II) in a statement adjacent to the name 

8 of the standard menu item, so as to be clearly 

9 associated with the standard menu item, on any 

10 menu board, including a drive-through menu 

11 board or other sign listing the item for sale— 

12 ‘‘(aa) the number of calories contained in 

13 the menu item, as usually prepared and offered 

14 for sale; 

15 ‘‘(bb) notification that the information re16 quired by subitem (aa) of item (I) is available 

17 in writing at the point of ordering; and 

18 ‘‘(cc) information, specified by the Sec19 retary by regulation and posted prominently on 

20 the menu board, designed to enable the public 

21 to understand, in the context of a total daily 

22 diet, the significance of the nutrition informa23 tion that is provided. 

24 ‘‘(iii) SELF-SERVICE FOOD AND FOOD ON DIS25 PLAY.—In the case of food sold at a salad bar, bufVerDate Nov 24 2008 01:15 May 19, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1048.IS S1048

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1 fet line, cafeteria line, or similar self-service facility, 

2 and for self-service beverages or food that is on dis3 play and that is visible to customers, a restaurant or 

4 similar retail food establishment shall place adjacent 

5 to each food offered a sign that lists calories per dis6 played food item or per serving. 

7 ‘‘(iv) NUTRITION ANALYSIS.—For the purposes 

8 of this clause, a restaurant or similar retail food es9 tablishment shall obtain the nutrient analysis re10 quired by this clause using analytic methods and ex11 press nutrient content in a manner consistent with 

12 this Act. 

13 ‘‘(v) MENU VARIABILITY AND COMBINATION

14 MEALS.—The Secretary shall establish by regulation 

15 standards for labeling menu items that come in dif16 ferent flavors, varieties, or combinations, but which 

17 are listed as a single menu item, such as soft drinks, 

18 ice cream, pizza, doughnuts, or children’s combina19 tion meals. 

20 ‘‘(vi) ADDITIONAL INFORMATION.—If the Sec21 retary determines that a nutrient other than those 

22 for which a statement is required under subclause 

23 (ii)(I) should be included in labeling of menu items 

24 for the purpose of providing information to assist 

25 consumers in maintaining healthy dietary practices, 


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1 the Secretary may promulgate regulations requiring 

2 that such information be included in labeling at res3 taurants and similar retail food establishments. 

4 ‘‘(vii) NONAPPLICABILITY TO CERTAIN FOOD.— 

5 Subclauses (i)–(vi) do not apply to— 

6 ‘‘(I) items that are not listed on a menu or 

7 menu board (such as condiments and other 

8 items placed on the table or counter for general 

9 use); or 

10 ‘‘(II) daily specials, temporary menu items 

11 appearing on the menu for less than 30 days, 

12 or custom orders. 

13 ‘‘(viii) VENDING MACHINES.— 

14 ‘‘(I) IN GENERAL.—In the case of an arti15 cle of food sold from a vending machine that— 

16 ‘‘(aa) does not permit a prospective 

17 purchaser to examine the Nutrition Facts 

18 Panel before purchasing the article or does 

19 not otherwise provide visible nutrition in20 formation at the point of purchase; and 

21 ‘‘(bb) is operated by a person who is 

22 engaged in the business of owning or oper23 ating 20 or more vending machines, 

24 the vending machine operator shall provide a 

25 sign in close proximity to each article of food or 


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1 the selection button that includes a clear and 

2 conspicuous statement disclosing the number of 

3 calories contained in the article. 

4 ‘‘(ix) VOLUNTARY PROVISION OF NUTRITION IN5 FORMATION; STATE REGULATION OF NUTRITION IN6 FORMATION FOR RESTAURANT FOOD AND FOOD

7 SOLD FROM VENDING MACHINES.— 

8 ‘‘(I) ADDITIONAL INFORMATION.—Nothing 

9 in this clause precludes a restaurant or similar 

10 retail food establishment or a vending machine 

11 operator from providing additional nutrition in12 formation, voluntarily, if the information com13 plies with the nutrition labeling requirements 

14 under this Act. 

15 ‘‘(II) OTHER FOOD ESTABLISHMENTS AND

16 VENDING MACHINE OPERATORS.—Nothing in 

17 this clause precludes a restaurant or similar re18 tail food establishment or a vending machine 

19 operator that is not required to disclose nutri20 tion information under this clause from pro21 viding nutrition information voluntarily, if the 

22 information complies with the nutrition labeling 

23 requirements under this subparagraph. 

24 ‘‘(III) STATE OR LOCAL REQUIREMENTS.— 

25 Nothing in this clause precludes a State or poVerDate Nov 24 2008 01:23 May 19, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1048.IS S1048

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1 litical subdivision of a State from requiring that 

2 a restaurant or similar retail food establishment 

3 or a vending machine operator, including a res4 taurant or similar retail food establishment or 

5 vending machine operator that is not required 

6 to disclose nutrition information under this 

7 clause, provide nutrition information in addition 

8 to that required under this clause. 

9 ‘‘(x) REGULATIONS.— 

10 ‘‘(I) PROPOSED REGULATION.—Not later 

11 than 1 year after the date of enactment of this 

12 clause, the Secretary shall promulgate proposed 

13 regulations to carry out this clause. 

14 ‘‘(II) CONTENTS.—The regulations shall 

15 allow for reasonable variations in serving sizes 

16 and in food preparation that may result from 

17 inadvertent human error, training of food serv18 ice workers, variations in ingredients, and other 

19 factors. 

20 ‘‘(III) REPORTING.—The Secretary shall 

21 submit to the Committee on Health, Education, 

22 Labor, and Pensions of the Senate and the 

23 Committee on Energy and Commerce of the 

24 House of Representatives a quarterly report 

25 that describes the Secretary’s progress toward 


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1 promulgating final regulations under this sub2 paragraph.’’. 

3 (b) NON-PREEMPTION.—Subsection (a)(4) of section 

4 403A of the Federal Food, Drug, and Cosmetic Act (21 

5 U.S.C. 343–1(a)(4)) is amended by inserting ‘‘or a label6 ing requirement under section 403(q)(5)(H)’’ after ‘‘sec7 tion 403(q)(5)(A)’’. 

Æ 


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