I 
113TH CONGRESS 
1ST SESSION H. R. 1249 
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 
MARCH 19, 2013 
Mrs. MCMORRIS RODGERS (for herself, Ms. LORETTA SANCHEZ of California, 
Mr. CARTER, Mr. BARROW of Georgia, Mrs. ELLMERS, Mr. CUELLAR, 
Mr. DIAZ-BALART, Mr. ROKITA, Mr. RIBBLE, Mr. HINOJOSA, Mr. ROG-
ERS
of Michigan, Mr. WOMACK, Mr. GRIFFITH
of Virginia, Mr. 
HUIZENGA of Michigan, and Mr. WALBERG) 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 2013’’. 
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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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means that the nutrient disclosure is 
within acceptable allowances for vari-
ation in nutrient content. Such ac-
ceptable allowances shall include al-
lowances for variation in serving size, 
inadvertent human error in formula-
tion of menu items, and variations in 
ingredients.’’; 
(3) in subclause (v)— 
(A) by inserting ‘‘contained in the whole 
product, or the number of servings and infor-
mation per serving, or the common unit division 
of the product, such as for a multi-serving item 
that is typically divided before presentation to 
the consumer,’’ before ‘‘that come in different 
flavors, varieties, or combinations,’’; 
(B) by striking ‘‘, through means deter-
mined by the Secretary, including ranges, aver-
ages, or other methods’’; and 
(C) by adding at the end, after the period, 
the following: ‘‘A restaurant or similar retail 
food establishment may determine and disclo-
sure such content by using any of the following 
methods: ranges, averages, individual labeling 
of flavors or components; or labeling of one pre-
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set standard build. In addition to such methods, 
the Secretary may allow the use of other meth-
ods, to be determined by the Secretary, for 
which there is a reasonable basis (as such term 
is used in subclause (iv)).’’; and 
(4) in subclause (xi)— 
(A) in the heading, by striking ‘‘DEFINI-
TION’’ and inserting ‘‘DEFINITIONS’’; 
(B) by striking ‘‘clause, the term ‘menu’ ’’ 
and inserting the following (and indenting the 
text that follows appropriately): ‘‘clause: 
‘‘(I) MENU; MENU BOARD.—The 
term ‘menu’ ’’; and 
(C) by adding at the end the following: 
‘‘(II) 
PRESET
STANDARD 
BUILD.—The term ‘preset standard 
build’ means the finished version of a 
menu item most commonly ordered by 
consumers. 
‘‘(III) RESTAURANT OR SIMILAR 
RETAIL FOOD ESTABLISHMENT.—The 
term ‘restaurant or similar retail food 
establishment’ means a retail food es-
tablishment that derives more than 50 
percent of its total revenue from the 
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sale of food of the type described in 
subclause (i) or (ii) of clause (A).’’. 
Æ 
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