the number of children and families partici-
pating in quality play; and 
(C) increase knowledge and awareness 
about the importance of individuals achieving 
60 minutes of recommended physical activity 
every day. 
(2) AMOUNT
OF
GRANTS.—A grant awarded 
under this subsection shall be in the amount of 
$250,000. If the amounts appropriated under this 
title for a fiscal year are not sufficient to support 3 
grants at such level, the Secretary shall ratably re-
duce the amount of all grants. 
(b) APPLICATION.—A State health department desir-
ing a grant under subsection (a) shall submit an applica-
tion to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require. 
(c) COORDINATION.—In awarding grants under sub-
section (a), the Secretary shall ensure that the proposed 
programs assisted under each grant are coordinated in 
substance and format with programs currently funded 
through other Federal departments and agencies, includ-
ing— 
(1) State-based nutrition and physical activity 
programs, comprehensive school health education 
programs, and community-based health and wellness 
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programs of the Centers for Disease Control and 
Prevention; 
(2) the physical education programs under sub-
part 10 of part D of title V of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7261 
et seq.; 
(3) the safe routes to schools program under 
section 1404 of the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for 
Users (23 U.S.C. 402 note; 119 Stat. 1228); and 
(4) other health and wellness programs oper-
ating within the community. 
(d) PARTNERSHIP WITH COMMUNITY COALITIONS.— 
A State health department receiving a grant under sub-
section (a) shall use grant funds to carry out the activities 
described in subsection (e) in partnership with 1 or more 
community coalitions that meet all of the following re-
quirements: 
(1) The community coalition is comprised of a 
representative sampling of community partners, in-
cluding not less than half of the different types of 
individuals or entities described in subparagraphs 
(A) through (O): 
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100 
(A) A community-based organization that 
focuses on children and youth, preventive 
health, physical activity, or physical education. 
(B) A local parks and recreation depart-
ment. 
(C) A local health department. 
(D) A local educational agency, as defined 
in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801). 
(E) A local city planning agency. 
(F) A local health care provider. 
(G) A 4-year institution of higher edu-
cation, as defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(H) A tribal health facility, where applica-
ble. 
(I) A tribal educational agency, where ap-
plicable. 
(J) A Federally qualified health center or 
rural health clinic, where applicable. 
(K) A hospital. 
(L) A faith-based organization. 
(M) A policymaker or elected official. 
(N) A community planning organization. 
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101 
(O) A business. 
(2) The community coalition completed and 
submitted to the State health department— 
(A) a Community Play Index developed 
under section 101 for the community that iden-
tifies the gaps and barriers to physical activity 
in the community to children and youth; and 
(B) a community action plan describing 
the programs, policy, and environmental change 
strategies that will be implemented with grant 
funds to help children and youth in the commu-
nity reach the recommended 60 minutes of 
physical activity every day. 
(3) The community coalition provided— 
(A) documentation to the State health de-
partment on the manner in which the coalition 
will coordinate with appropriate State and local 
authorities, including— 
(i) State or local health departments; 
(ii) State educational agencies or local 
educational agencies, as defined in section 
9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801); 
(iii) State or local parks and recre-
ation departments or associations; 
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102 
(iv) State or local departments of 
transportation or city planning; 
(v) community foundations; and 
(vi) any other entities determined to 
be appropriate by the Secretary; and 
(B) a description of the manner in which 
the coalition will evaluate the effectiveness of 
the programs carried out with grant funds. 
(e) AUTHORIZED ACTIVITIES.—A State health de-
partment that receives a grant under subsection (a) shall 
use funds available through the grant to carry out the fol-
lowing activities: 
(1) Train community-based coalitions on how to 
utilize the Community Play Index to measure the 
program, policy, and environmental barriers to pro-
moting lifelong physical activity for youth. 
(2) Work in partnership with community coali-
tions described in subsection (d) to enable the com-
munity coalitions to carry out the coalition’s commu-
nity action plan and promote a model community of 
play, which may include the following: 
(A) Enabling the maximum use of, or the 
creation of spaces and places for, physical activ-
ity for children, families, and communities be-
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103 
fore, during, and after school or work, which 
may include increasing the number of— 
(i) programs that increase the number 
of safe streets and sidewalks in the com-
munity to walk and bike to school, work, 
or other community destinations, such as 
recreation sites, parks, or community cen-
ters; 
(ii) schools, faith-based organizations, 
and recreational facilities serving the com-
munity that provide programming on phys-
ical activity and physical education before, 
during, or after school; 
(iii) schools serving the community 
that provide recess, physical education, and 
physical activity for children and youth; 
(iv) day care, child care, and after 
school care sites in the community that 
provide physical activity for children and 
youth; 
(v) venues in the community that pro-
vide co-curricular physical activity pro-
grams, including sports fields and courts, 
especially venues for all-inclusive intra-
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104 
mural programs and physical activity 
clubs; 
(vi) playgrounds and activity sites in 
the community for young children, includ-
ing sites that offer programs that provide 
physical activity instruction that meet the 
various needs and interests of all students, 
including those with illness, injury, and 
physical and developmental disabilities, as 
well as those that live sedentary lifestyles 
or with a disinterest in traditional team 
sports; 
(vii) capital improvement projects that 
increase opportunities for physical activity 
in the community; and 
(viii) networks of walking and cycling 
trails where trails do not exist in the com-
munity, that offer both a functional alter-
native to automobile travel and an oppor-
tunity for exercise, recreation, and commu-
nity connectedness. 
(B) Enhancing opportunities and access 
for children and youth in the community to par-
ticipate in quality physical activity and physical 
education programs before, during, and after 
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105 
school, which may include increasing the num-
ber of— 
(i) school and after school care sites 
in the community that implement proven 
health curricula, physical education (in-
cluding developing innovative approaches 
to teaching and staffing, physical edu-
cation), and physical activity programming; 
(ii) children and youth in the commu-
nity that are able to participate in physical 
education or activity during and after 
school, by ensuring that adequate equip-
ment is available to such children and 
youth; 
(iii) scholarships to low-income chil-
dren and youth for physical activity pro-
grams; 
(iv) education and training programs 
for education, recreation, leisure, child 
care, and coaching professionals regarding 
quality physical education and physical ac-
tivity programs and policies; 
(v) training programs to assist physi-
cians in— 
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106 
(I) carefully communicating the 
results of body mass index (BMI) 
tests to parents and, in an age-appro-
priate manner, to the children and 
youth themselves; 
(II) providing information to 
families so they may make informed 
decisions about physical activity and 
nutrition; and 
(III) explaining the benefits asso-
ciated with physical activity and the 
risks associated with childhood over-
weight and obesity; 
(vi) assessment tools used to measure 
the quality of physical activity, sports, and 
intramural sports programs; 
(vii) guidelines and informational ma-
terials used by teachers, parents, care-
givers, and health-care professionals who 
are interested in promoting physical activ-
ity for infants, toddlers, and preschoolers; 
and 
(viii) guidelines and informational ma-
terials used to promote physical activity 
with the intent of improving the current 
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107 
health, fitness, and wellness of preadoles-
cent children (ages 6 through 12) as well 
as to promote lifelong physical activity. 
(C) Identifying, engaging and mobilizing 
community leaders, decision-makers, experts, 
and the media to raise awareness and educate 
the public about the importance of securing 60 
minutes of physical activity every day, which 
may include increasing the number of— 
(i) school and after school care faculty 
and staff, including coaches, that serve as 
positive role models for students regarding 
regular physical activity; 
(ii) businesses that serve as role mod-
els by providing physical space and incen-
tives for employees to participate in phys-
ical activity; 
(iii) businesses that serve as role mod-
els to communities by— 
(I) providing support to intra-
mural teams, clubs, sports leagues, 
playgrounds, trails, biking and walk-
ing paths, and fields and venues for 
sports, play, and physical activity; 
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108 
(II) incorporating built environ-
ment strategies into new construction 
of facilities; 
(III) adopting safe routes to 
school programs; 
(IV) providing bike racks at the 
office; and 
(V) encouraging the use of the 
stairs; 
(iv) insurers that provide incentives 
for maintaining healthy body weight, in-
cluding offering screening and obesity pre-
vention services in routine clinical practice; 
(v) groups representing low-income in-
dividuals or individuals with disabilities, 
that can promote and secure safer and 
more accessible sites for activity; 
(vi) consumer research-driven mar-
keting strategies for ongoing initiatives 
and interventions that enhance physical ac-
tivity for children and youth; 
(vii) products and opportunities pro-
vided or offered by leisure, entertainment, 
and recreation industries that promote reg-
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ular physical activity and reduce sedentary 
behaviors; 
(viii) media advocacy training pro-
grams for public health and exercise sci-
entists so as to empower the scientists to 
disseminate their knowledge to a broad au-
dience; and 
(ix) campaigns to foster awareness 
about the health benefits of regular phys-
ical activity of not less than 60 minutes a 
day for all children and youth. 
(3) To support the evaluation of the community 
action plans of the community coalitions and the ac-
tivities carried out under this title. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this subtitle 
$750,000 for fiscal year 2008. 
TITLE IV—RESPONSIBLE MAR-
KETING 
AND 
CONSUMER 
AWARENESS 
Subtitle A—General Provisions 
SEC. 401. NUTRITION LABELING OF RESTAURANT FOODS. 
Section 403(q)(5) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(q)(5)(A)(i)) is amended— 
(1) in clause (A)— 
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(A) in subclause (i), by inserting ‘‘except 
as provided in clauses (H) and (I),’’ before 
‘‘which’’ the first place it appears; and 
(B) in subclause (ii), by inserting ‘‘except 
as provided in clauses (H) and (I),’’ before 
‘‘which’’ the first place it appears; and 
(2) by adding at the end the following: 
‘‘(H) RESTAURANTS AND RETAIL FOOD ESTABLISH-
MENTS.— 
‘‘(i) IN GENERAL.—Except for food described in 
subclause (iii), in the case of food that is served, 
processed, or prepared in a restaurant or similar re-
tail food establishment that is part of a chain with 
20 or more locations doing business under the same 
trade name (regardless of the type of ownership of 
the locations), the restaurant or establishment shall 
disclose the information described in subclause (ii). 
‘‘(ii) INFORMATION
REQUIRED
TO
BE
DIS-
CLOSED.—Except as provided in subclause (iii), the 
establishment shall disclose— 
‘‘(I)(aa) in a statement adjacent to the 
name of the food on any menu listing the food 
for sale, or by any other means deemed equiva-
lent by the Secretary, the number of calories, 
grams of saturated fat plus trans fat, and milli-
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111 
grams of sodium contained in a standard serv-
ing of the food, as usually offered for sale, in 
a clear and conspicuous manner; and 
‘‘(bb) information, specified by the Sec-
retary by regulation, designed to enable the 
public to understand, in the context of a total 
daily diet, the significance of the nutrition in-
formation that is provided; and 
‘‘(II) in a statement adjacent to the name 
of the food on any menu board or other sign 
listing the food for sale, or by any other means 
deemed equivalent by the Secretary— 
‘‘(aa) the number of calories con-
tained in a serving of the food, as usually 
offered for sale, in a clear and conspicuous 
manner; and 
‘‘(bb) notification that the information 
required by subitems (aa) and (bb) of item 
(I) shall be provided in writing at the re-
quest of a prospective purchaser. 
‘‘(iii) NONAPPLICABILITY TO CERTAIN FOOD.— 
This clause does not apply to— 
‘‘(I) items that are not listed on a menu or 
menu board (such as condiments and other 
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112 
items placed on the table or counter for general 
use); or 
‘‘(II) daily specials, temporary menu items, 
or other irregular menu items, as specified by 
the Secretary by regulation. 
‘‘(iv) SELF-SERVICE FACILITIES.—In the case 
of food sold at a salad bar, buffet line, cafeteria line, 
or similar self-service facility, a restaurant or other 
establishment shall place a sign that lists calories 
per standard serving adjacent to each food offered. 
‘‘(v) VOLUNTARY PROVISION OF NUTRITION IN-
FORMATION; STATE REGULATION OF NUTRITION IN-
FORMATION FOR RESTAURANT FOOD.— 
‘‘(I) RETAIL
FOOD
ESTABLISHMENTS.— 
Nothing in this clause precludes a restaurant or 
similar retail food establishment from providing 
additional nutrition information, voluntarily, if 
the information complies with the nutrition la-
beling requirements contained in this subpara-
graph. 
‘‘(II) STATE OR LOCAL REQUIREMENTS.— 
Nothing in this clause precludes a State or po-
litical subdivision of a State from requiring that 
a restaurant or similar food establishment pro-
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vide nutrition information in addition to that 
required under this clause. 
‘‘(vi) REGULATIONS.— 
‘‘(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. 
‘‘(II) CONTENTS.—The regulations shall 
allow for the variations in serving sizes and in 
food preparation that can reasonably be ex-
pected to result from inadvertent human error, 
training of food service workers, and other fac-
tors. 
‘‘(III) FINAL
REGULATIONS.—Not later 
than 2 years after the date of enactment of this 
clause, the Secretary shall promulgate final reg-
ulations to implement this clause. 
‘‘(IV) FAILURE
TO
PROMULGATE
FINAL 
REGULATIONS BY REQUIRED DATE.—If the Sec-
retary does not promulgate final regulations 
under item (III) by the date that is 2 years 
after the date of enactment of this clause— 
‘‘(aa) the proposed regulations issued 
in accordance with item (I) shall become 
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effective as the final regulations on the day 
after that date; and 
‘‘(bb) the Secretary shall publish in 
the Federal Register notice of the final 
regulations. 
‘‘(I) VENDING MACHINES.— 
‘‘(i) IN GENERAL.—In the case of an article of 
food sold from a vending machine that— 
‘‘(I) does not permit a prospective pur-
chaser to examine the article so as to be able 
to read a statement affixed to the article before 
purchasing the article; and 
‘‘(II) is operated by a person that is en-
gaged in the business of owning and operating 
20 or more vending machines; 
the vending machine operator shall provide a con-
spicuous sign in close proximity to the article that 
includes a statement disclosing the number of cal-
ories contained in the article. 
‘‘(ii) VOLUNTARY PROVISION OF NUTRITION IN-
FORMATION; STATE REGULATION OF NUTRITION IN-
FORMATION FOR VENDING MACHINES.— 
‘‘(I) VENDING
MACHINE
OPERATORS.— 
Nothing in this clause precludes a vending ma-
chine operator from providing additional nutri-
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tion information, voluntarily, if the information 
complies with the nutrition labeling require-
ments contained in this subparagraph. 
‘‘(II) STATE OR LOCAL REQUIREMENTS.— 
Nothing in this title precludes a State or polit-
ical subdivision of a State from requiring that 
a vending machine operator provide nutrition 
information in addition to that required under 
this clause. 
‘‘(iii) REGULATIONS.— 
‘‘(I) PROPOSED REGULATIONS.—Not later 
than 1 year after the date of enactment of this 
clause, the Secretary shall promulgate proposed 
regulations to carry out this clause. 
‘‘(II) FINAL
REGULATIONS.—Not later 
than 2 years after the date of enactment of this 
clause, the Secretary shall promulgate final reg-
ulations to implement this clause. 
‘‘(III) FAILURE
TO
PROMULGATE
FINAL 
REGULATIONS BY REQUIRED DATE.—If the Sec-
retary does not promulgate final regulations 
under item (II) by the date that is 2 years after 
the date of enactment of this clause— 
‘‘(aa) the proposed regulations issued 
in accordance with item (I) shall become 
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