‘‘(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 
items placed on the table or counter for general 
use); or 
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‘‘(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-
vide nutrition information in addition to that 
required under this clause. 
‘‘(vi) REGULATIONS.— 
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‘‘(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 
effective as the final regulations on the day 
after that date; and 
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‘‘(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-
tion information, voluntarily, if the information 
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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
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) 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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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.’’. 
Æ 
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