I 
114TH CONGRESS 
2D SESSION 
H. R. 6142 
To amend section 403(q) of the Federal Food, Drug, and Cosmetic Act 
to prohibit the Food and Drug Administration from requiring the percent 
of daily value of added sugars to be included in the labeling of certain 
nutrient-dense foods, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2016 
Mr. DUFFY (for himself, Mr. MACARTHUR, Ms. HERRERA BEUTLER, Mr. 
LOBIONDO, Mr. KEATING, Mr. KIND, Mr. RIBBLE, Mr. KENNEDY, Mr. 
LYNCH, Mr. MCGOVERN, Mr. NEAL, Mr. HECK of Nevada, Mr. KILMER, 
and Mr. RATCLIFFE) introduced the following bill; which was referred to 
the Committee on Energy and Commerce 
A BILL 
To amend section 403(q) of the Federal Food, Drug, and 
Cosmetic Act to prohibit the Food and Drug Administra-
tion from requiring the percent of daily value of added 
sugars to be included in the labeling of certain nutrient- 
dense foods, and for other purposes. 
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 ‘‘Fruit Labeling Accu-
racy Act of 2016’’. 
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SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) The 2015–2020 Dietary Guidelines for 
Americans, published by the Department of Health 
and Human Services and the Department of Agri-
culture, recognize that ‘‘there is room for Americans 
to include limited amounts of added sugars in their 
eating patterns, including to improve the palatability 
of some nutrient-dense foods, such as fruits and 
vegetables that are naturally tart (e.g. cranberries 
and rhubarb)’’. 
(2) The Department of Agriculture regulations 
establishing nutrition standards for all foods sold in 
schools establish an exemption to standards for 
added sugars for ‘‘dried whole fruits, or pieces, with 
nutritive sweeteners that are required for processing 
and/or palatability purposes (i.e. cranberries, tart 
cherries, or blueberries )’’. (78 Fed. Reg. 125; June 
28, 2013). 
(3) The Food and Drug Administration final-
ized a rule on nutrition and supplement fact labels 
(81 Fed. Reg. 33741; May 27, 2016) that requires 
the inclusion of the amount of added sugars, in 
grams, and the percent daily value of added sugars. 
The rule also recognizes that ‘‘a healthy dietary pat-
tern is characterized by a higher consumption of 
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. . . fruits’’; that sugar occurring naturally in fruit 
is not a concern because of the nutrients delivered 
by the fruit, that added sugar is not different than 
naturally occurring sugar, that foods such as cran-
berries ‘‘contain significant amounts of beneficial 
nutrients as well as added sugars’’. 
(4) The declaration of ‘‘added sugars’’ required 
by such rule will likely confuse consumers and lead 
them to misjudge fruit products containing added 
sugars to be less nutritious despite their beneficial 
nutrients. 
SEC. 3. FRUIT LABELING ACCURACY. 
Paragraph (q) of section 403 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 343) is amended by 
adding at the end the following: 
‘‘(6) FRUIT LABELING ACCURACY.— 
‘‘(A) IN GENERAL.—The Secretary shall not, 
pursuant to subparagraph (1)(D), subparagraph 
(2)(A), or any other provision of this paragraph, re-
quire the percent of daily value of added sugars to 
be included in the labeling of— 
‘‘(i) dried naturally tart fruits; or 
‘‘(ii) juice beverages that— 
‘‘(I) are made with at least 27 percent 
juice of a naturally tart fruit; and 
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‘‘(II) contain no more than 28 grams 
of total sugars per serving or 110 calories 
per serving. 
‘‘(B) DEFINITIONS.—In this subparagraph: 
‘‘(i) The term ‘Brix/Acid ratio’ means the 
ratio of the degrees Brix of a fruit to the grams 
of anhydrous citric acid per 100 grams of the 
fruit. 
‘‘(ii) The term ‘degrees Brix’ means the 
percent by weight concentration of the total 
soluble solids of a fruit when tested with a re-
fractometer with reference to the refractive 
index of a sucrose solution. 
‘‘(iii) The term ‘naturally tart fruit’ 
means— 
‘‘(I) a fruit that in its raw state has 
an average of total sugars of less than 5 
percent and an average Brix/Acid ratio of 
six or less; and 
‘‘(II) any other fruit or vegetable that 
the Secretary reasonably determines by 
regulation is comparably low in natural 
sugar.’’. 
Æ 
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