Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Common Sense Nutri-
tion Disclosure Act of 2015’’. 
SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS 
FOR RESTAURANTS AND SIMILAR RETAIL 
FOOD ESTABLISHMENTS. 
(a) IN GENERAL.—Section 403(q)(5)(H) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is 
amended— 
(1) in subclause (ii)— 
(A) in item (I)(aa), by striking ‘‘the num-
ber of calories contained in the standard menu 
item, as usually prepared and offered for sale’’ 
and inserting ‘‘the number of calories contained 
in the whole standard menu item, or the number 
of servings (as reasonably determined by the res-
taurant or similar retail food establishment) and 
number of calories per serving, or the number of 
calories per the common unit division of the 
standard menu item, such as for a multiserving 
item that is typically divided before presentation 
to the consumer’’; 
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(B) in item (II)(aa), by striking ‘‘the num-
ber of calories contained in the standard menu 
item, as usually prepared and offered for sale’’ 
and inserting ‘‘the number of calories contained 
in the whole standard menu item, or the number 
of servings (as reasonably determined by the res-
taurant or similar retail food establishment) and 
number of calories per serving, or the number of 
calories per the common unit division of the 
standard menu item, such as for a multiserving 
item that is typically divided before presentation 
to the consumer’’; and 
(C) by adding at the end the following flush 
text: 
‘‘In the case of restaurants or similar retail food es-
tablishments where the majority of orders are placed 
by customers who are off-premises at the time such 
order is placed, the information required to be dis-
closed under items (I) through (IV) may be provided 
by a remote-access menu (such as a menu available 
on the Internet) as the sole method of disclosure in-
stead of on-premises writings.’’; 
(2) in subclause (iii)— 
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(A) by inserting ‘‘either’’ after ‘‘a res-
taurant or similar retail food establishment 
shall’’; and 
(B) by inserting ‘‘or comply with subclause 
(ii)’’ after ‘‘per serving’’; 
(3) in subclause (iv)— 
(A) by striking ‘‘For the purposes of this 
clause’’ and inserting the following: 
‘‘(I) IN GENERAL.—For the purposes of this 
clause’’; 
(B) by striking ‘‘and other reasonable 
means’’ and inserting ‘‘or other reasonable 
means’’; and 
(C) by adding at the end the following: 
‘‘(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 ac-
ceptable allowances for variation in nutrient 
content. Such acceptable allowances shall include 
allowances for variation in serving size, inad-
vertent human error in formulation or prepara-
tion of menu items, and variations in ingredi-
ents.’’; 
(4) by amending subclause (v) to read as follows: 
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‘‘(v) MENU
VARIABILITY
AND
COMBINATION 
MEALS.—The Secretary shall establish by regulation 
standards for determining and disclosing the nutrient 
content for standard 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. Such standards shall allow a restaurant 
or similar retail food establishment to choose whether 
to determine and disclose such content for the whole 
standard menu item, for a serving or common unit 
division thereof, or for a serving or common unit di-
vision thereof accompanied by the number of servings 
or common unit divisions in the whole standard 
menu item. Such standards shall allow a restaurant 
or similar retail food establishment to determine and 
disclose such content by using any of the following 
methods: ranges, averages, individual labeling of fla-
vors 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)— 
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(A) by striking ‘‘Not later than 1 year after 
the date of enactment of this clause, the Sec-
retary 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 regulations to 
carry out this clause, as amended by such Act. 
Any final regulations that are promulgated pur-
suant to the Common Sense Nutrition Disclosure 
Act of 2015, and any final regulations that were 
promulgated pursuant to this clause before the 
date of enactment of the Common Sense Nutri-
tion Disclosure Act of 2015, shall not take effect 
earlier than 2 years after the promulgation of 
final regulations pursuant to the Common Sense 
Nutrition Disclosure Act of 2015.’’; and 
(B) by adding at the end the following: 
‘‘(IV) CERTIFICATIONS.—Restaurants and 
similar retail food establishments shall not be re-
quired to provide certifications or similar signed 
statements relating to compliance with the re-
quirements of this clause.’’; 
(6) by amending subclause (xi) to read as fol-
lows: 
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‘‘(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 des-
ignates as, the primary listing from which cus-
tomers 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 writ-
ing a menu or menu board. 
‘‘(II) PRESET STANDARD BUILD.—The term 
‘preset standard build’ means the finished 
version of a menu item most commonly ordered 
by consumers. 
‘‘(III) STANDARD MENU ITEM.—The term 
‘standard menu item’ means a food item of the 
type described in subclause (i) or (ii) of subpara-
graph (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 
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