,,ii  #aacth ,,congress  #ast ,session  
,s4 #agef  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ba1 
#bjac,mr4 ,blunt 7for himself and ,mr4  
,king7 introduced the following bill2   
which was read twice and referred to the
 ,committee on ,health1 ,education1     
,labor1 and ,pensions  ,a ,,bill  ,to   
amend section #djc of the ,federal      
,food1 ,drug1 and ,cosmetic ,act to     
improve and clarify certain disclosure  
requirements for restaurants1 similar   
retail food establishments1 and vending 
machines4  #a4 ,short title ,this ,act  
may be cited as the ,common ,sense      
,nutrition ,disclosure ,act of #bjac4   
#b4 ,amending certain disclosure        
requirements for restaurants1 similar   
retail food establishments1 and vending 
machines ,section #djc7q77#e77;,h7 of   
the ,federal ,food1 ,drug1 and ,cosmetic
 ,act 7#ba ,u4,s4,c4 #cdc7q77#e77;,h77  
is amended-- 7#a7 in subclause 7ii7--   
7,a7 in item 7,i77aa7 by striking the   
number of calories contained in the     

standard menu item1 as usually prepared 
and offered for sale and inserting the  
number of calories contained in the     
whole product1 or the number of servings
 and number of calories per serving1 or 
the number of calories per the common   
unit division of the product1 such as   
for a multi-serving item that is        
typically divided before presentation to
 the consumer2  7,b7 in item 7,,ii77aa71
 by striking the number of calories     
contained in the standard menu item1 as 
usually prepared and offered for sale   
and inserting the number of calories    
contained in the whole product1 or the  
number of servings and number of        
calories per serving1 or the number of  
calories per the common unit division of
 the product1 such as for a             
multi-serving item that is typically    
divided before presentation to the      
consumer2 and  7,c7 by adding at the end
 the following flush text3 ,in the case 
of restaurants or similar retail food   
establishments where the majority of    

orders are placed by customers who are  
off-premises at the time such order is  
placed1 the information required to be  
disclosed under this subclause may be   
provided by a remote-access menu1 such  
as one available on the ,internet1      
instead of an on-premises menu4 2  7#b7 
in subclause 7iv7-- 7,a7 by striking    
,for the purposes of this clause1 and   
inserting the following3  7,i7 ,in      
general ,for the purposes of this       
clause1  2  7,b7 by striking and other  
reasonable means and inserting or other 
reasonable means2 and  7,c7 by adding at
 the end the following3  7,,ii7         
,reasonable basis defined ,for purposes 
of this subclause1 with respect to a    
nutrient disclosure1 the term reasonable
 basis means that the nutrient          
disclosure is within acceptable         
allowances for variation in nutrient    
content4 ,such acceptable allowances    
shall include allowances for variation  
in serving size1 inadvertent human error
 in formulation of menu items1 and      

variations in ingredients4  2  7#c7 in  
subclause 7v7-- 7,a7 by inserting       
contained in the whole product1 or the  
number of servings and information per  
serving1 or the common unit division of 
the product1 such as for a multi-serving
 item that is typically divided before  
presentation to the consumer1 before    
that come in different flavors1         
varieties1 or combinations12  7,b7 by   
striking 1 through means determined by  
the ,secretary1 including ranges1       
averages1 or other methods2 and  7,c7 by
 adding after the period at the end the 
following3 ,a restaurant or similar     
retail food establishment may determine 
and disclose such content by using any  
of the following methods3 ranges1       
averages1 individual labeling of flavors
 or components1 or labeling of one      
preset standard build4 ,in addition to  
such methods1 the ,secretary may allow  
the use of other methods1 to be         
determined by the ,secretary1 for which 
there is a reasonable basis 7as such    

term is defined in subclause            
7iv77,,ii7742 and  7#d7 in subclause    
7xi7-- 7,a7 in the heading1 by striking 
,definition and inserting ,definitions2 
7,b7 by striking clause1 the term menu  
and inserting the following3 clause3    
7,i7 ,menu2 ,menu board ,the term menu  
2 and  7,c7 by adding at the end the    
following3  7,,ii7 ,preset standard     
build ,the term preset standard build   
means the finished version of a menu    
item most commonly ordered by consumers4
  7,,iii7 ,restaurant or similar retail 
food establishment ,the term restaurant 
or similar retail food establishment    
means a retail food establishment that  
derives more than #ej percent of its    
total revenue from the sale of food of  
the type described in subclause 7i7 or  
7ii7 of clause 7,a74  4