,,ib ,union ,calendar ,no4 #cae #aadth ,,congress #b;d ,session ,h4 ,r4 #bjag ,report ,no4 #aad-dac ,,in ,,the ,,house ,,of ,,representatives ,april #bc1 #bjae ,mrs4 ,mc,morris ,rodgers 7for herself and ,ms4 ,loretta ,sanchez of ,california7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,february #b1 #bjaf ,additional sponsors3 ,mr4 ,womack1 ,mrs4 ,ellmers of ,north ,carolina1 ,mr4 ,upton1 ,mr4 ,jordan1 ,mr4 ,grothman1 ,mr4 ,crawford1 ,mrs4 ,wagner1 ,mr4 ,cramer1 ,mr4 ,bishop of ,utah1 ,mr4 ,graves of ,missouri1 ,mr4 ,moolenaar1 ,mr4 ,ribble1 ,mr4 ,guthrie1 ,mr4 ,mooney of ,west ,virginia1 ,mr4 ,holding1 ,mrs4 ,mimi ,walters of ,california1 ,mr4 ,sanford1 ,mr4 ,hinojosa1 ,mr4 ,scalise1 ,mr4 ,kind1 ,mr4 ,lance1 ,mr4 ,sires1 ,mr4 ,barletta1 ,mr4 ,newhouse1 ,mr4 ,whitfield1 ,mrs4 ,brooks of ,indiana1 ,mrs4 ,blackburn1 ,mr4 ,gosar1 ,mr4 ,coffman1 ,mr4 ,guinta1 ,mr4 ,smith of ,washington1 ,mr4 ,posey1 ,mr4 ,jones1 ,mr4 ,hanna1 ,mr4 ,ross1 ,mr4 ,murphy of ,pennsylvania1 ,mr4 ,luetkemeyer1 ,mr4 ,barton1 ,mr4 ,westerman1 ,mr4 ,wenstrup1 ,mr4 ,barr1 ,mr4 ,mullin1 ,mr4 ,collins of ,new ,york1 ,mr4 ,collins of ,georgia1 ,mr4 ,walberg1 ,mr4 ,rogers of ,kentucky1 ,mr4 ,miller of ,florida1 ,mr4 ,lucas1 ,ms4 ,stefanik1 ,mr4 ,stivers1 ,mr4 ,cook1 ,mr4 ,shimkus1 ,mr4 ,walz1 ,mr4 ,mulvaney1 ,mr4 ,latta1 ,mr4 ,chabot1 ,mr4 ,benishek1 ,mrs4 ,hartzler1 ,mr4 ,blum1 ,mr4 ,huelskamp1 ,mrs4 ,walorski1 ,mr4 ,amodei1 ,mr4 ,la,malfa1 ,mr4 ,rouzer1 ,mr4 ,bridenstine1 ,mr4 ,joyce1 ,mr4 ,rokita1 ,mr4 ,simpson1 ,mrs4 ,lummis1 ,mr4 ,shuster1 ,mr4 ,westmoreland1 ,mr4 ,fitzpatrick1 ,mr4 ,harris1 ,mr4 ,bucshon1 ,mr4 ,gibbs1 ,mr4 ,cuellar1 ,mr4 ,harper1 ,mrs4 ,miller of ,michigan1 ,mr4 ,duncan of ,tennessee1 ,mr4 ,griffith1 ,mr4 ,hudson1 ,mr4 ,pompeo1 ,mr4 ,smith of ,new ,jersey1 ,mr4 ,rothfus1 ,mr4 ,valadao1 ,mr4 ,crdenas1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,poe of ,texas1 ,mr4 ,bilirakis1 ,mr4 ,pearce1 ,mr4 ,kinzinger of ,illinois1 ,mr4 ,mc,kinley1 ,mr4 ,rooney of ,florida1 ,ms4 ,jenkins of ,kansas1 ,mr4 ,young of ,iowa1 ,mr4 ,allen1 ,mr4 ,brooks of ,alabama1 and ,mr4 ,dent ,february #b1 #bjaf ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,april #bc1 #bjae ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to improve and clarify certain disclosure requirements for restaurants and similar retail food establishments1 and to amend the authority to bring proceedings under section #djc;,a4 #a4 ,short title ,this ,act may be cited as the ,common ,sense ,nutrition ,disclosure ,act of #bjae4 #b4 ,amending certain disclosure requirements for restaurants and similar retail food establishments 7a7 ,in general ,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,i77aa71 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 standard menu item1 or the number of servings 7as reasonably determined by the restaurant or similar retail food establishment7 and number of calories per serving1 or the number of calories per the common unit division of the standard menu item1 such as for a multiserving 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 standard menu item1 or the number of servings 7as reasonably determined by the restaurant or similar retail food establishment7 and number of calories per serving1 or the number of calories per the common unit division of the standard menu item1 such as for a multiserving 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 items 7,i7 through 7,,iv7 may be provided by a remote-access menu 7such as a menu available on the ,internet7 as the sole method of disclosure instead of on-premises writings4 2 7#b7 in subclause 7iii7-- 7,a7 by inserting either after a restaurant or similar retail food establishment shall2 and 7,b7 by inserting or comply with subclause 7ii7 after per serving2 7#c7 in subclause 7iv7-- 7,a7 by striking ,for the purposes of this clause and inserting the following3 7,i7 ,in general ,for the purposes of this clause 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 the 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 or preparation of menu items1 and variations in ingredients4 2 7#d7 by amending subclause 7v7 to read as follows3 7v7 ,menu variability and combination meals ,the ,secretary shall establish by regulation standards for determining and disclosing the nutrient content for standard menu items that come in different flavors1 varieties1 or combinations1 but which are listed as a single menu item1 such as soft drinks1 ice cream1 pizza1 doughnuts1 or children's combination meals4 ,such standards shall allow a restaurant or similar retail food establishment to choose whether to determine and disclose such content for the whole standard menu item1 for a serving or common unit division thereof1 or for a serving or common unit division thereof accompanied by the number of servings or common unit divisions in the whole standard menu item4 ,such standards shall allow a restaurant or similar retail food establishment to 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,,ii774 2 7#e7 in subclause 7x7-- 7,a7 by striking ,not later than #a year after the date of enactment of this clause1 the ,secretary shall promulgate proposed regulations to carry out this clause4 and inserting ,not later than #a year after the date of enactment of the ,common ,sense ,nutrition ,disclosure ,act of #bjae1 the ,secretary shall issue proposed regulations to carry out this clause1 as amended by such ,act4 ,any final regulations that are promulgated pursuant to the ,common ,sense ,nutrition ,disclosure ,act of #bjae1 and any final regulations that were promulgated pursuant to this clause before the date of enactment of the ,common ,sense ,nutrition ,disclosure ,act of #bjae1 shall not take effect earlier than #b years after the promulgation of final regulations pursuant to the ,common ,sense ,nutrition ,disclosure ,act of #bjae42 and 7,b7 by adding at the end the following3 7,,iv7 ,certifications ,restaurants and similar retail food establishments shall not be required to provide certifications or similar signed statements relating to compliance with the requirements of this clause4 2 7#f7 by amending subclause 7xi7 to read as follows3 7xi7 ,definitions ,in this clause3 7,i7 ,menu2 menu board ,the term menu or menu board means the one listing of items which the restaurant or similar retail food establishment reasonably believes to be1 and designates as1 the primary listing from which customers make a selection in placing an order4 ,the ability to order from an advertisement1 coupon1 flyer1 window display1 packaging1 social media1 or other similar writing does not make the writing a menu or menu board4 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 ,standard menu item ,the term standard menu item means a food item of the type described in subclause 7i7 or 7ii7 of subparagraph 7#e77;,a7 with the same recipe prepared in substantially the same way with substantially the same food components that-- 7aa7 is routinely included on a menu or menu board or routinely offered as a self-service food or food on display at #bj or more locations doing business under the same name2 and 7bb7 is not a food referenced in subclause 7vii74 2 and 7#g7 by adding at the end the following3 7xii7 ,opportunity to correct violations ,any restaurant or similar retail food establishment that the ,secretary determines is in violation of this clause shall have #ij days after receiving notification of the violation to correct the violation4 ,the ,secretary shall take no enforcement action1 including the issuance of any public letter1 for violations that are corrected within such #ij-;day period4 4 7b7 ,national uniformity ,section #djc;,a7b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc-a7;b77 is amended by striking may exempt from subsection 7a7 and inserting may exempt from subsection 7a7 7other than subsection 7a77#d774 #c4 ,limitation on liability for damages arising from noncompliance with nutrition labeling requirements ,section #djc7q77#e77;,h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7q77#e77;,h771 as amended by section #b1 is further amended by adding at the end the following3 7xiii7 ,limitation on liability ,a restaurant or similar retail food establishment shall not be liable in any civil action in ,federal or ,state court 7other than an action brought by the ,united ,states or a ,state7 for any claims arising out of an alleged violation of-- 7,i7 this clause2 or 7,,ii7 any ,state law permitted under section #djc;,a7a77#d74 4 ,february #b1 #bjaf ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed