‘‘(II) REASONABLE BASIS DEFINED.—For 
the purposes of this subclause, with respect to 
a nutrient disclosure, the term ‘reasonable 
basis’ means that the nutrient disclosure is 
within acceptable allowances for variation in 
nutrient content. Such acceptable allowances 
shall include allowances for variation in serving 
size, inadvertent human error in formulation or 
preparation of menu items, and variations in in-
gredients.’’; 
(4) by amending subclause (v) to read as fol-
lows: 
‘‘(v) MENU
VARIABILITY
AND
COMBINATION 
MEALS.—The Secretary shall establish by regulation 
standards for determining and disclosing the nutri-
ent content for standard menu items that come in 
different flavors, varieties, or combinations, but 
which are listed as a single menu item, such as soft 
drinks, ice cream, pizza, doughnuts, or children’s 
combination meals. Such standards shall allow a res-
taurant or similar retail food establishment to 
choose whether to determine and disclose such con-
tent for the whole standard menu item, for a serving 
or common unit division thereof, or for a serving or 
common unit division thereof accompanied by the 
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number of servings or common unit divisions in the 
whole standard menu item. Such standards shall 
allow a restaurant or similar retail food establish-
ment to determine and disclose such content by 
using any of the following methods: ranges, aver-
ages, individual labeling of flavors or components, or 
labeling of one preset standard build. In addition to 
such methods, the Secretary may allow the use of 
other methods, to be determined by the Secretary, 
for which there is a reasonable basis (as such term 
is defined in subclause (iv)(II)).’’; 
(5) in subclause (x)— 
(A) by striking ‘‘Not later than 1 year 
after the date of enactment of this clause, the 
Secretary shall promulgate proposed regulations 
to carry out this clause.’’ and inserting ‘‘Not 
later than 1 year after the date of enactment of 
the Common Sense Nutrition Disclosure Act of 
2015, the Secretary shall issue proposed regula-
tions to carry out this clause, as amended by 
such Act. Any final regulations that are pro-
mulgated pursuant to the Common Sense Nu-
trition Disclosure Act of 2015, and any final 
regulations that were promulgated pursuant to 
this clause before the date of enactment of the 
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Common Sense Nutrition Disclosure Act of 
2015, shall not take effect earlier than 2 years 
after the promulgation of final regulations pur-
suant to the Common Sense Nutrition Disclo-
sure Act of 2015.’’; and 
(B) by adding at the end the following: 
‘‘(IV) 
CERTIFICATIONS.—Res-
taurants and similar retail food estab-
lishments shall not be required to pro-
vide certifications or similar signed 
statements relating to compliance with 
the requirements of this clause.’’; 
(6) by amending subclause (xi) to read as fol-
lows: 
‘‘(xi) DEFINITIONS.—In this clause: 
‘‘(I) MENU; 
MENU
BOARD.—The term 
‘menu’ or ‘menu board’ means the one listing of 
items which the restaurant or similar retail food 
establishment reasonably believes to be, and 
designates as, the primary listing from which 
customers make a selection in placing an order. 
The ability to order from an advertisement, 
coupon, flyer, window display, packaging, social 
media, or other similar writing does not make 
the writing a menu or menu board. 
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‘‘(II) PRESET
STANDARD
BUILD.—The 
term ‘preset standard build’ means the finished 
version of a menu item most commonly ordered 
by consumers. 
‘‘(III) RESTAURANT
OR
SIMILAR
RETAIL 
FOOD ESTABLISHMENT.—The term ‘restaurant 
or similar retail food establishment’ means a re-
tail food establishment that derives more than 
50 percent of its total revenue from the sale of 
food of the type described in subclause (i) or 
(ii) of clause (A). For purposes of this defini-
tion, the sale of motor fuel shall not count to-
ward an establishment’s total revenue. 
‘‘(IV) STANDARD MENU ITEM.—The term 
‘standard menu item’ means a food item of the 
type described in subclause (i) or (ii) of sub-
paragraph (5)(A) with the same recipe prepared 
in substantially the same way with substantially 
the same food components that— 
‘‘(aa) is routinely included on a menu 
or menu board or routinely offered as a 
self-service food or food on display at 20 or 
more locations doing business under the 
same name; and 
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‘‘(bb) is not a food referenced in item 
(vii).’’; and 
(7) by adding at the end the following: 
‘‘(xii) COMPLIANCE.—Any establishment that 
the Secretary determines is in violation of this clause 
shall have 90 days after receiving notification of the 
violation to correct the violation. The Secretary shall 
take no enforcement action, including the issuance 
of any public letter, for violations that are corrected 
within such 90-day period.’’. 
SEC. 3. LIMITATION ON LIABILITY FOR DAMAGES ARISING 
FROM NONCOMPLIANCE WITH NUTRITION 
LABELING REQUIREMENTS. 
Section 403(q)(5)(H) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(q)(5)(H)), as amended by 
section 2, is further amended by adding at the end the 
following: 
‘‘(xiii) LIMITATION ON LIABILITY.—A 
restaurant or similar retail food establish-
ment shall not be liable in any civil action 
in Federal or State court (other than an 
action brought by the United States or a 
State) for any claims arising out of an al-
leged violation of— 
‘‘(I) this clause; or 
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‘‘(II) any State law permitted 
under section 403A(a)(4).’’. 
Æ 
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