‘‘(iii) SELF-SERVICE FOOD AND FOOD ON DIS-
PLAY.—In the case of food sold at a salad bar, buf-
fet line, cafeteria line, or similar self-service facility, 
and for self-service beverages or food that is on dis-
play and that is visible to customers, a restaurant or 
similar retail food establishment shall place adjacent 
to each food offered a sign that lists calories per dis-
played food item or per serving. 
‘‘(iv) NUTRITION ANALYSIS.—For the purposes 
of this clause, a restaurant or similar retail food es-
tablishment shall obtain the nutrient analysis re-
quired by this clause using analytic methods and ex-
press nutrient content in a manner consistent with 
this Act. 
‘‘(v) MENU
VARIABILITY
AND
COMBINATION 
MEALS.—The Secretary shall establish by regulation 
standards for labeling menu items that come in dif-
ferent flavors, varieties, or combinations, but which 
are listed as a single menu item, such as soft drinks, 
ice cream, pizza, doughnuts, or children’s combina-
tion meals. 
‘‘(vi) ADDITIONAL INFORMATION.—If the Sec-
retary determines that a nutrient other than those 
for which a statement is required under subclause 
(ii)(I) should be included in labeling of menu items 
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for the purpose of providing information to assist 
consumers in maintaining healthy dietary practices, 
the Secretary may promulgate regulations requiring 
that such information be included in labeling at res-
taurants and similar retail food establishments. 
‘‘(vii) NONAPPLICABILITY TO CERTAIN FOOD.— 
Subclauses (i)–(vi) do not apply to— 
‘‘(I) items that are not listed on a menu or 
menu board (such as condiments and other 
items placed on the table or counter for general 
use); or 
‘‘(II) daily specials, temporary menu items 
appearing on the menu for less than 30 days, 
or custom orders. 
‘‘(viii) VENDING MACHINES.— 
‘‘(I) IN GENERAL.—In the case of an arti-
cle of food sold from a vending machine that— 
‘‘(aa) does not permit a prospective 
purchaser to examine the Nutrition Facts 
Panel before purchasing the article or does 
not otherwise provide visible nutrition in-
formation at the point of purchase; and 
‘‘(bb) is operated by a person who is 
engaged in the business of owning or oper-
ating 20 or more vending machines, 
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the vending machine operator shall provide a 
sign in close proximity to each article of food or 
the selection button that includes a clear and 
conspicuous statement disclosing the number of 
calories contained in the article. 
‘‘(ix) VOLUNTARY PROVISION OF NUTRITION IN-
FORMATION; STATE REGULATION OF NUTRITION IN-
FORMATION
FOR
RESTAURANT
FOOD
AND
FOOD 
SOLD FROM VENDING MACHINES.— 
‘‘(I) ADDITIONAL INFORMATION.—Nothing 
in this clause precludes a restaurant or similar 
retail food establishment or a vending machine 
operator from providing additional nutrition in-
formation, voluntarily, if the information com-
plies with the nutrition labeling requirements 
under this Act. 
‘‘(II) OTHER FOOD ESTABLISHMENTS AND 
VENDING
MACHINE
OPERATORS.—Nothing in 
this clause precludes a restaurant or similar re-
tail food establishment or a vending machine 
operator that is not required to disclose nutri-
tion information under this clause from pro-
viding nutrition information voluntarily, if the 
information complies with the nutrition labeling 
requirements under this subparagraph. 
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‘‘(III) 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 retail food establishment 
or a vending machine operator, including a res-
taurant or similar retail food establishment or 
vending machine operator that is not required 
to disclose nutrition information under this 
clause, provide nutrition information in addition 
to that required under this clause. 
‘‘(x) 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 reasonable variations in serving sizes 
and in food preparation that may result from 
inadvertent human error, training of food serv-
ice workers, variations in ingredients, and other 
factors. 
‘‘(III) REPORTING.—The Secretary shall 
submit to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the 
Committee on Energy and Commerce of the 
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House of Representatives a quarterly report 
that describes the Secretary’s progress toward 
promulgating final regulations under this sub-
paragraph.’’. 
(b) NON-PREEMPTION.—Subsection (a)(4) of section 
403A of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 343–1(a)(4)) is amended by inserting ‘‘or a label-
ing requirement under section 403(q)(5)(H)’’ after ‘‘sec-
tion 403(q)(5)(A)’’. 
Æ 
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