more healthful diets, and approximately half (48 
percent) of people report that the nutrition informa-
tion on food labels has caused them to change their 
minds about buying a food product. 
(8) It is difficult for consumers to limit their in-
take of calories at restaurants, given the limited 
availability of nutrition information, as well as the 
popular practice by many restaurants of providing 
foods in larger-than-standard servings and ‘‘super-
sized’’ portions. Studies show that people eat greater 
quantities of food when they are served more. 
SEC. 3. NUTRITION LABELING OF RESTAURANT FOODS. 
(a) NUTRITION LABELING FOR FOODS EATEN IN 
RESTAURANTS AND SIMILAR RETAIL FOOD ESTABLISH-
MENTS.—Section 
403(q)(5)(A)(i) 
(21 
U.S.C. 
343(q)(5)(A)(i)) is amended by adding at the end the fol-
lowing: ‘‘except that food, beverages, and meals served in 
restaurants and similar retail food establishments that are 
part of a chain with 20 or more outlets doing business 
under the same trade name, regardless of the type of own-
ership of the restaurant locations, shall list, adjacent to 
each food item listed, on menus, menu boards, and other 
signs, the total number of calories, grams of saturated 
plus trans fat, and milligrams of sodium per menu item, 
as offered for sale, in a clear and conspicuous manner,’’.
(b) NUTRITION LABELING FOR FOODS PREPARED IN 
RESTAURANTS AND SIMILAR RETAIL FOOD ESTABLISH-
MENTS BUT NOT FOR IMMEDIATE CONSUMPTION.—Sec-
tion 403(q)(5)(A)(ii) (21 U.S.C. 343(q)(5)(A)(ii)) is 
amended by adding at the end the following: ‘‘except that 
such food, beverages, and meals when it is processed and 
prepared primarily in a retail establishment that is part 
of a chain with 20 or more outlets doing business under 
the same trade name, regardless of the type of ownership 
of the restaurant locations, shall list, adjacent to each food 
item listed, on menus, menu boards, and other signs, the 
total number of calories, grams of saturated plus trans 
fat, and milligrams of sodium per menu item, as offered 
for sale, in a clear and conspicuous manner,’’. 
(c) VENDING
MACHINES; RESTAURANT
MENU 
BOARDS.—Section 403(q)(5)(A) (21 U.S.C. 343(q)(5)(A)) 
is amended by adding after and below subclause (v) the 
following: 
‘‘For purposes of the exceptions described in subclauses 
(i) and (ii), nutrition labeling may be limited to the total 
number of calories for foods, beverages and meals offered 
for sale in vending machines and posted in restaurants 
on menu boards.’’. 
(d) REGULATIONS.—
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall issue proposed regulations to 
implement the amendments made by this section 
within 12 months after the date of the enactment of 
this Act. Such regulations shall require the required 
information to be conveyed to the public in a man-
ner that enables the public to understand its relative 
significance in the context of a total daily diet. Not 
later than 24 months after the date of the enact-
ment of this Act, the Secretary shall issue final reg-
ulations to implement the requirements of such sub-
section. 
(2) FAILURE TO PROMULGATE FINAL REGULA-
TIONS
BY
REQUIRED
DATE.—If the Secretary of 
Health and Human Services does not promulgate 
final regulations under paragraph (1) upon the expi-
ration of 24 months after the date of the enactment 
of this Act, the proposed regulations issued in ac-
cordance with paragraph (1) shall be considered as 
the final regulations upon the expiration of such 24 
months. There shall be promptly published in the 
Federal Register notice of the new status of the pro-
posed regulations.
SEC. 4. VOLUNTARY PROVISION OF NUTRITION INFORMA-
TION; STATE REGULATION OF NUTRITION IN-
FORMATION FOR RESTAURANT FOOD. 
(a) RETAIL FOOD ESTABLISHMENTS.—Nothing in 
this Act precludes restaurants and similar retail food es-
tablishments from providing additional nutrition informa-
tion, voluntarily, provided that such information complies 
with the nutrition labeling requirements contained in sec-
tion 403(q)(1) of the Federal Food, Drug, and Cosmetic 
Act. 
(b) STATE OR LOCAL REQUIREMENTS.—Nothing in 
this Act precludes any State or political subdivision of a 
State from requiring that restaurants and similar food es-
tablishments provide additional nutrition information be-
yond the requirements of this Act.
Æ