Common Sense Nutrition Disclosure Act of 2015

Bill: 114-hr-2017
Sponsor: Rep. McMorris Rodgers, Cathy [R-WA-5]
Introduced: 2015-04-23 in the House
Policy area: Health
Subjects: Administrative law and regulatory procedures
Consumer affairs
Department of Health and Human Services
Food industry and services
Nutrition and diet
Retail and wholesale trades

Summary:
action_date: 2015-04-23
text: 

Common Sense Nutrition Disclosure Act of 2015

 
This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off-premises.
 
Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item.
 
An establishment&rsquo;s nutrient content disclosures have a &ldquo;reasonable basis&rdquo; if they are within acceptable allowances for variation, including variations in serving size or ingredients and inadvertent human error in formulation.
 
Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item can determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration.
 
Regulations pursuant to this Act or the clause amended by this Act cannot take effect earlier than two years after final regulations are promulgated pursuant to this Act.
 
Nutritional information disclosure requirements apply to establishments that derive more than 50% of their total revenue from the sale of food.

action_date: 2016-02-02
text: 

Common Sense Nutrition Disclosure Act of 2015

 
(Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that chain restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off premises.
 
Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item.
 
An establishment&rsquo;s nutrient content disclosures have a &ldquo;reasonable basis&rdquo; if they are within acceptable allowances for variation, including variations in serving size or ingredients and inadvertent human error in formulation.
 
Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item can determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration (FDA).
 
Regulations pursuant to this Act cannot take effect earlier than two years after final regulations are promulgated.
 
The FDA must give establishments in violation of nutritional labeling requirements 90 days to correct violations.
 
The FDA may no longer allow states or localities to vary from federal nutritional labeling requirements for chain restaurants.
 
(Sec. 3) Restaurants and retail food establishments are not liable in a civil action for claims regarding federal or state nutritional labeling requirements unless the action is brought by the United States or a state.

action_date: 2016-02-12
text: 

Common Sense Nutrition Disclosure Act of 2015

 
(Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that chain restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off premises.
 
Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item.
 
Reasonable variations in the actual nutrient content of items are permissible, including variations in serving size or ingredients or variations due to inadvertent human error.
 
Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item can determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration (FDA).
 
Regulations pursuant to this Act cannot take effect earlier than two years after final regulations are promulgated.
 
The FDA must give establishments in violation of nutritional labeling requirements 90 days to correct violations.
 
The FDA may no longer allow states or localities to vary from federal nutritional labeling requirements for chain restaurants.
 
(Sec. 3) Restaurants and retail food establishments are not liable in a civil action for claims regarding federal or state nutritional labeling requirements unless the action is brought by the United States or a state.


Legislative actions:
action_date: 2016-02-22
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2016-02-12
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-02-12
text: On passage Passed by the Yeas and Nays: 266 - 144, 1 Present (Roll no. 81).
action_date: 2016-02-12
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 266 - 144, 1 Present (Roll no. 81).
action_date: 2016-02-12
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H795-796)
action_date: 2016-02-12
text: The previous question was ordered pursuant to the rule. (consideration: CR H801)
action_date: 2016-02-12
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2017.
action_date: 2016-02-12
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2016-02-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Schrader amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Schrader demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2016-02-12
text: DEBATE - Pursuant to the provisions of H. Res. 611, the Committee of the Whole proceeded with 10 minutes of debate on the Schrader amendment No. 3.
action_date: 2016-02-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the McMorris Rodgers amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Schakowsky demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2016-02-12
text: DEBATE - Pursuant to the provisions of H.Res. 611, the Committee of the Whole proceeded with 10 minutes of debate on the McMorris Rodgers amendment No. 1.
action_date: 2016-02-12
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2017.
action_date: 2016-02-12
text: The Speaker designated the Honorable Garret Graves to act as Chairman of the Committee.
action_date: 2016-02-12
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 611 and Rule XVIII.
action_date: 2016-02-12
text: Rule provides for consideration of H.R. 2017 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2016-02-12
text: Considered under the provisions of rule H. Res. 611. (consideration: CR H789-802)
action_date: 2016-02-11
text: Rule H. Res. 611 passed House.
action_date: 2016-02-10
text: Rules Committee Resolution H. Res. 611 Reported to House. Rule provides for consideration of H.R. 2017 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2016-02-02
text: Placed on the Union Calendar, Calendar No. 315.
action_date: 2016-02-02
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 114-413.
action_date: 2016-02-02
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 114-413.
action_date: 2015-11-18
text: Ordered to be Reported by the Yeas and Nays: 36 - 12.
action_date: 2015-11-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-11-17
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-11-04
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
action_date: 2015-11-04
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2015-11-03
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2015-04-24
text: Referred to the Subcommittee on Health.
action_date: 2015-04-23
text: Referred to the House Committee on Energy and Commerce.
action_date: 2015-04-23
text: Introduced in House
action_date: 2015-04-23
text: Introduced in House