I 
112TH CONGRESS 
2D SESSION 
H. R. 6174 
To amend section 403 of the Federal Food, Drug, and Cosmetic Act to 
improve and clarify certain disclosure requirements for restaurants, simi-
lar retail food establishments, and vending machines. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2012 
Mr. CARTER (for himself, Mr. ROSS of Arkansas, Mrs. MCMORRIS RODGERS, 
Mr. BARROW, Mr. RIBBLE, Mr. SMITH of Washington, Mr. CUELLAR, 
Mr. CALVERT, Mr. SENSENBRENNER, Mr. LONG, Mr. HINOJOSA, Mr. 
CHABOT, Mr. BARTON of Texas, Mr. BISHOP of Utah, Mr. LUETKE-
MEYER, Mr. WALBERG, Mr. SCOTT of South Carolina, Mr. LATTA, Mr. 
DIAZ-BALART, and Mr. HUIZENGA of Michigan) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend section 403 of the Federal Food, Drug, and Cos-
metic Act to improve and clarify certain disclosure re-
quirements for restaurants, similar retail food establish-
ments, and vending machines. 
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 2012’’. 
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SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS 
FOR RESTAURANTS, SIMILAR RETAIL FOOD 
ESTABLISHMENTS, AND VENDING MACHINES. 
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 product, or the number of servings 
and number of calories per serving, or the num-
ber of calories per the common unit division of 
the product, such as for a multi-serving item 
that is typically divided before presentation to 
the consumer’’; 
(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 product, or the number of servings 
and number of calories per serving, or the num-
ber of calories per the common unit division of 
the product, such as for a multi-serving item 
that is typically divided before presentation to 
the consumer’’; and 
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(C) by adding at the end the following 
flush text: 
‘‘In the case of restaurants or similar re-
tail food establishments 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 this subclause may be pro-
vided by a remote-access menu, such as 
one available on the internet, instead of an 
on-premises menu.’’; 
(2) in subclause (iv)— 
(A) by striking ‘‘For the purposes of this 
clause,’’, inserting the following (and indenting 
the text that follows appropriately): 
‘‘(I) IN GENERAL.—For the pur-
poses 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
DE-
FINED.—For purposes of this sub-
clause, with respect to a nutrient dis-
closure, the term ‘reasonable basis’ 
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