I 
110TH CONGRESS 
2D SESSION 
H. R. 7187 
To amend the Federal Food, Drug, and Cosmetic Act with respect to nutrition 
labeling of food offered for sale in food service establishments. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2008 
Mr. MATHESON introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act with 
respect to nutrition labeling of food offered for sale in 
food service establishments. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Labeling Education and Nutrition Act of 2008’’ or the 
‘‘LEAN Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
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Sec. 4. Nutrition labeling exemption. 
Sec. 5. Voluntary nutrition labeling. 
Sec. 6. Mandatory nutrition labeling. 
Sec. 7. National uniformity. 
Sec. 8. Implementing regulations. 
Sec. 9. Effective dates. 
Sec. 10. Technical and conforming amendments. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) a healthy lifestyle includes a balanced diet 
as well as physical activity; 
(2) approximately more than 60 percent of 
American adults and 30 percent of American chil-
dren suffer from being overweight and obese, which 
can lead to many chronic health risks, including dia-
betes, heart disease, and hypertension; 
(3) the United States ranks last in reducing the 
number of preventable deaths resulting from obesity- 
related chronic illnesses; 
(4) during the 2-decade period preceding the 
date of enactment of this Act, there has been a sig-
nificant increase in the number of meals prepared or 
eaten outside the home; 
(5) nutrition labeling pursuant to the Nutrition 
Labeling and Education Act of 1990 has increased 
significantly American consumers’ access to nutri-
tion information regarding the foods they consume; 
(6) the Department of Agriculture and leading 
health groups recognize that many individuals re-
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quire different information based on individual and 
specific health needs and risks; 
(7) the nutrients provided pursuant to the Nu-
trition Labeling and Education Act of 1990 provides 
consumers with all the tools needed to make healthy 
choices; 
(8) as of 2008, nutrition information for stand-
ard food items is voluntarily provided by various de-
livery methods at many major chains of food service 
establishments; 
(9) the nutrient content of a food offered for 
sale in a food service establishment can be deter-
mined with appropriate accuracy by consulting nu-
trient databases, cookbooks, laboratory analyses, or 
other sources that provide a reasonable basis for in-
formation regarding the nutrient content of a food, 
notwithstanding variability in the portion size, for-
mulation, and other characteristics of such food or 
its preparation method; and 
(10) public health and welfare are advanced if 
food service establishment nutrition information is 
not subject to frivolous litigation. 
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SEC. 3. DEFINITIONS. 
Section 403(q) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 343(q)) is amended by adding at 
the end the following: 
‘‘(6) DEFINITIONS.—For purposes of subpara-
graphs (7) and (8): 
‘‘(A) The term ‘standard food item’ means 
a food offered for sale at least 90 days per cal-
endar year, but does not include food not sepa-
rately offered for sale or food exempt under 
subparagraph (5)(C). 
‘‘(B) The term ‘menu’ or ‘menu board’ 
means the primary writing on the premises of 
the food service establishment from which con-
sumers make their order selection. 
‘‘(C) The term ‘reasonable basis’ means 
any means of determining nutrition information 
for a standard food item made without an in-
tent to deceive, including nutrient databases, 
cookbooks, laboratory analyses, and other rea-
sonable means. 
‘‘(D) The term ‘food service establishment’ 
means an establishment that offers for sale food 
described in subclause (i) or (ii) of subpara-
graph (5)(A).’’. 
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‘‘(B) Disclosing such information in writ-
ten form on the premises of the food service es-
tablishment. 
‘‘(C) Making such disclosure available 
upon request prior to purchase.’’. 
SEC. 6. MANDATORY NUTRITION LABELING. 
Section 403(q) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 343(q)), as amended by section 5, 
is further amended by adding at the end the following: 
‘‘(8) IN GENERAL.—The labeling of a standard 
food item served or offered for sale in a food service 
establishment that is part of a chain that operates 
20 or more establishments under the same trade 
name (regardless of the type of ownership of the es-
tablishments) shall, except as provided in clause (E), 
disclose, in a clear and conspicuous manner in ac-
cordance with paragraph (f), the following informa-
tion, determined with a reasonable basis, as follows: 
‘‘(A) DISCLOSURE OF CALORIES.— 
‘‘(i) 
CALORIES
ON
THE
MENU 
BOARD.—The number of calories shall be 
disclosed prior to the point of purchase by 
one of the following means: 
‘‘(I) On the menu board. 
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‘‘(II) On a sign presenting stand-
ard food items in a manner similar to 
the menu board and located on the 
same wall as the menu board. 
‘‘(III) On a sign at eye level in 
the consumer queue prior to the point 
of purchase. 
‘‘(ii) CALORIES ON THE MENU.—The 
number of calories shall be disclosed prior 
to the point of purchase by one of the fol-
lowing means: 
‘‘(I) In the menu. 
‘‘(II) In an insert that accom-
panies the menu. 
‘‘(III) In an appendix that is at-
tached to the back of the menu. 
‘‘(IV) In a supplemental menu 
that accompanies the menu. 
‘‘(B) ADDITIONAL
NUTRITION
INFORMA-
TION.—The nutrition information for all nutri-
ents required by subparagraphs (1)(C) and 
(1)(D) shall be located on the premises of the 
food service establishment, in writing, and 
available to the consumer upon request prior to 
the point of purchase. 
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‘‘(C) REFERRAL
STATEMENT.—A menu, 
menu board, or other writing prior to the point 
of purchase shall bear a statement directing the 
consumer to the availability of additional nutri-
tion information required under clause (B). 
‘‘(D) 
CALORIE
INFORMATION
STATE-
MENT.—If calories are not listed directly on a 
menu or menu board pursuant to subclause 
(i)(I), (i)(II), or (ii)(I) of clause (A), then the 
menu or menu board shall state the suggested 
daily caloric intake as 2000 calories or an alter-
native statement prescribed by the Secretary 
through guidance. 
‘‘(E) APPLICABILITY.—This subparagraph 
shall not apply to— 
‘‘(i) food offered for sale in a non-
profit food service establishment; 
‘‘(ii) food that is not food described in 
subclause (i) or (ii) of subparagraph 
(5)(A); and 
‘‘(iii) such other food as the Secretary 
may exempt by regulation. 
‘‘(F) VIOLATIONS.—A person shall have 
knowingly or willfully violated the requirements 
of this paragraph if the person— 
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‘‘(i) purposefully failed to make a dis-
closure required by this paragraph; or 
‘‘(ii) made a disclosure under this 
paragraph with an intent to deceive. 
‘‘(G) ONE DETERMINATION PER ITEM.—A 
reasonable basis determination of nutrition in-
formation shall be required only once per stand-
ard food item if the portion size is reasonably 
consistent and the food service establishment 
follows a standardized recipe and trains to a 
consistent method of preparation.’’. 
SEC. 7. NATIONAL UNIFORMITY. 
Section 403A(a)(4) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343–1(a)(4)) is amended to read 
as follows: 
‘‘(4) any requirement for nutrition labeling of 
food that is not identical to the requirement of sec-
tion 403(q), except a requirement for nutrition label-
ing of food which is exempt under subclause (i) or 
(ii) of section 403(q)(5)(A), other than food served 
in an establishment that is not part of a chain that 
operates twenty or more establishments under the 
same trade name, or’’. 
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SEC. 8. IMPLEMENTING REGULATIONS. 
The Secretary of Health and Human Services (re-
ferred to in this section as the ‘‘Secretary’’) shall carry 
out the following: 
(1) Not later than 1 year after the date of en-
actment of this Act, the Secretary shall promulgate 
proposed regulations to mandate nutrition labeling 
of food service establishment food in accordance with 
section 403(q)(8) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(q)(8)) (as added by 
section 6). 
(2) Not later than 2 years after the date of en-
actment of this Act, the Secretary shall promulgate 
final regulations to mandate nutrition labeling of 
food service establishment food in accordance with 
section 403(q)(8) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(q)(8)) (as added by 
section 6). 
(3) If the Secretary determines that a nutrient 
other than a nutrient required by section 403(q)(8) 
of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 343(q)(8)) should be included in the labeling 
of food menu items subject to such section 403(q)(8) 
for purposes of providing information regarding the 
nutritional value of such food that will assist con-
sumers in maintaining healthy dietary practices, the 
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Secretary may by regulation require that informa-
tion relating to such an additional nutrient be in-
cluded in the labeling of such food items. 
(4) If the Secretary determines that the infor-
mation relating to a nutrient required by section 
403(q)(8) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 343(q)(8)) or paragraph (3) of this 
section to be included in the labeling of food menu 
items is not necessary to assist consumers in main-
taining healthy dietary practices, the Secretary may 
by regulation strike the requirement to include such 
information relating to such nutrient. 
(5) The Secretary may prescribe by regulation 
alternative clear and conspicuous means of meeting 
the requirements of section 403(q)(8)(A) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 
343(q)(8)(A)) (as added by section 6). 
SEC. 9. EFFECTIVE DATES. 
The amendments made by this Act shall take effect 
on the date of enactment of this Act, except that the 
amendment made by section 6 shall take effect 180 days 
after the Secretary of Health and Human Services pro-
mulgates final regulations under section 8(2). 
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SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) Section 403(q)(1) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(q)(1)) is amended by strik-
ing ‘‘subparagraphs (3), (4), and (5)’’ and inserting ‘‘sub-
paragraphs (3), (4), (5), (7), and (8).’’ 
(b) Section 403(q)(5)(G) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 343(q)(5)(G)) is amended 
by striking ‘‘Subparagraphs (1), (2), (3) and (4)’’ and in-
serting ‘‘Subparagraphs (1), (2), (3), (4), (7) and (8).’’ 
Æ 
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