,,ii #aaith ,,congress #b;d ,session ,s4 #eaff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjbf,mr4 ,blumenthal 7for himself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to strengthen requirements related to nutrient information on food labels1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,food ,labeling ,modernization ,act of #bjbf4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,additional requirements for front-of-package labeling for foods4,sec4 #c4 ,claims for conventional foods4,sec4 #d4 ,use of specific terms4,sec4 #e4 ,format of ingredient list4,sec4 #f4 ,modernization of ingredient list4,sec4 #g4 ,caffeine content on information panel4,sec4 #h4 ,food allergen labeling4,sec4 #i4 ,information about major food allergens and gluten-containing grains4,sec4 #aj4 ,submission and availability of food label information4,sec4 #aa4 ,standards of identity4,sec4 #ab4 ,study on fortification of corn masa flour4,sec4 #ac4 ,sugar alcohols and isolated fibers4,sec4 #ad4 ,infant and toddler beverages4,sec4 #ae4 ,formatting of information on principal display panels4,sec4 #af4 ,sale of food online4,sec4 #ag4 ,definitions4,sec4 #ah4 ,regulations2 delayed applicability4 #b4 ,additional requirements for front-of-package labeling for foods 7a7 ,front-of-,package labeling requirements ,section #djc7q7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7q77 is amended-- 7#a7 in subparagraph 7#c71 by striking and 7#b7 and inserting 7#b71 and 7#f72 7#b7 in subparagraph 7#d77;,a71 by striking and 7#b7 and inserting 7#b71 and 7#f72 7#c7 in subparagraph 7#e77;,a71 in the matter preceding subclause 7i71 by striking and 7#d7 and inserting 7#d71 and 7#e72 and 7#d7 by adding at the end the following3 7#f7 7,a7 ,except as provided in subparagraphs 7#c71 7#d71 and 7#e71 if it is a food intended for human consumption and is offered for sale1 unless it bears front-of-package labeling that includes the following3 7i7 ,an icon on the top half of the principal display panel that details and identifies high amounts of added sugars1 sodium1 or saturated fat1 as applicable4 ,such principal display panel shall include a separate label for each such nutrient1 as applicable4 ,such labels shall designate high amounts of added sugars1 sodium1 or saturated fat based on ,daily ,reference ,values for adults1 children ages #a to #c1 and infants through age #ab months1 as applicable4 ,such labels shall include the words ,high in and a conspicuous exclamation point icon4 7ii7 ,if a food contains non-nutritive sweeteners1 the following statement on the principal display panel3 ,contains non-nutritive sweeteners4 ,not recommended for children44 ,such statement shall appear adjacent to the one or more ,high in labels described in clause 7i71 if applicable4 7,b7 ,the labeling requirements described in subclauses 7i7 and 7ii7 of clause 7,a7 shall apply to foods1 other than infant formula1 that are represented or purported to be specifically for infants through #ab months of age and children #a through #c years of age1 in addition to applying to foods represented or purported to be for adults4 7,c7 ,in carrying out clauses 7,a7 and 7,b71 the ,secretary shall establish ,daily ,reference ,values and percent ,daily ,values for added sugars1 sodium1 and saturated fat for infants through #ab months of age and update the ,daily ,reference ,values and percent ,daily ,values for added sugars1 sodium1 and saturated fat for children #a through #c years of age in alignment with the recommendations in the #bjbj-bjbe ,dietary ,guidelines for ,americans published by the ,secretary and the ,secretary of ,agriculture4 4 7b7 ,percentage of wheat and grains in grain-,based products1 and amount of real fruit1 vegetable1 and yogurt in products bearing fruit1 vegetable1 and yogurt claims ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 is amended by adding at the end the following3 7z7 ,if1 in the case of food other than a dietary supplement1 the principal display panel bears-- 7#a7 the term whole wheat1 whole grain1 made with whole grain1 or multigrain2 7#b7 a declaration of the whole grain content by weight2 7#c7 the term wheat on a wheat bread1 pasta1 or similar product that is typically made from wheat2 or 7#d7 any similar descriptive phrases1 terms1 or representations suggesting the product contains whole grains1 unless the amounts of whole grains and refined grains1 expressed as a percentage of total grains1 are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase1 term1 or representation using a font color and formatting of equivalent prominence to the descriptive phrase1 term1 or representation with respect to whole grain content1 or unless #ajj percent of the grains in the food are whole grains4 7aa7 7#a7 ,if1 in the case of food other than a dietary supplement1 the principal display panel bears-- 7,a7 the term fruit1 fruity1 froot1 frooty1 or fruit-flavored2 7,b7 representations1 depictions1 or images of fruit ingredients2 or 7,c7 any similar descriptive phrases1 terms1 or representations suggesting the product contains fruit or any specific type of fruit1 unless the quantity per serving and form of fruit1 including only the nutrient-dense forms1 is declared on the principal display panel in a common household measure that is appropriate to the food1 conspicuously1 and in immediate proximity to the most prominent term1 representation1 depiction1 or image of fruit4 7#b7 ,the ,secretary shall by regulation establish quantities below which such declaration shall state that a serving of the food does not contain a full serving of fruit4 7#c7 ,in this paragraph1 the term nutrient-dense1 with respect to the form of an ingredient derived from a fruit1 means the whole1 cut1 dried1 pulp1 puree1 #ajj-percent juice1 or fully reconstituted concentrate form1 and not concentrates1 powders1 and other ingredients that are not whole1 cut1 dried1 pulp1 puree1 #ajj-percent juice1 or fully reconstituted concentrates4 7bb7 7#a7 ,if1 in the case of food other than a dietary supplement1 the principal display panel bears-- 7,a7 the term vegetable or veggie2 7,b7 representations1 depictions1 or images of vegetable ingredients2 or 7,c7 any similar descriptive phrases1 terms1 or representations suggesting the product contains vegetables or any specific type of vegetable1 unless the quantity per serving and form of vegetable1 including only the nutrient-dense form1 is declared on the principal display panel in a common household measure that is appropriate to the food1 conspicuously1 and in immediate proximity to the most prominent term1 representation1 depiction1 or image of vegetable4 7#b7 ,the ,secretary shall by regulation establish quantities below which such declaration shall state that a serving of the food does not contain a full serving of vegetable4 7#c7 ,in this paragraph1 the term nutrient-dense1 with respect to the form of an ingredient derived from a vegetable1 means the whole1 cut1 dried1 pulp1 puree1 #ajj-percent juice1 or fully reconstituted concentrate form1 and not concentrates1 powders1 and other ingredients that are not whole1 cut1 dried1 pulp1 puree1 #ajj-percent juice1 or fully reconstituted concentrates4 7cc7 7#a7 ,if1 in the case of food other than a dietary supplement1 the principal display panel bears the term yogurt1 unless-- 7,a7 the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food1 conspicuously1 in immediate proximity to the term2 or 7,b7 the first ingredient is cultured milk1 cultured cream1 cultured partially skimmed milk1 or cultured skim milk4 7#b7 ,the ,secretary shall by regulation establish quantities below which such declaration shall state that a serving of the food does not contain a full serving of yogurt4 4 7c7 ,coloring and flavoring ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as amended by subsection 7b71 is further amended by adding at the end the following3 7dd7 ,if1 in the case of food other than a dietary supplement1 it bears or contains any artificial dye1 or any added artificial or natural flavoring1 unless such fact is prominently stated on the principal display panel of the packaging of the food4 ,for the purposes of this paragraph1 the term artificial dye refers to a batch-certified dye certified under part #gd of title #ba1 ,code of ,federal ,regulations 7or any successor regulations74 4 7d7 ,report on sweeteners 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report that-- 7,a7 evaluates whether-- 7i7 manufacturers have increased the use of low- and no-calorie sweeteners2 and 7ii7 the use of low- and no-calorie sweeteners has risen to a level that could result in negative health consequences2 and 7,b7 describes actions that will be taken by the ,secretary to address any increased use of low- and no-calorie sweeteners4 7#b7 ,monitoring ,on completion of the report described in paragraph 7#a71 the ,secretary shall-- 7,a7 periodically monitor for increased use of low- and no-calorie sweeteners2 and 7,b7 take action to address the use of low- and no-calorie sweeteners if the use has risen to a level that could result in negative health consequences4 7e7 ,construction ,nothing in this section1 including any amendment made by this section1 shall be construed as-- 7#a7 affecting any requirement in regulation in effect as of the date of the enactment of this ,act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section2 or 7#b7 restricting the authority of the ,secretary of ,health and ,human ,services to require additional information be disclosed on such a principal display panel4 #c4 ,claims for conventional foods 7a7 ,health-,related claims 7#a7 ,in general ,section #djc7r77#a77;,b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7r77#a77;,b77 is amended by inserting after health-related condition the following3 1 describes the effect that a nutrient may have on the structure or function of the human body1 characterizes the documented mechanism by which that nutrient acts to maintain such structure or function1 or describes general well-being from consumption of that nutrient14 7#b7 ,substantiation of claim ,section #djc7r7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7r77 is amended-- 7,a7 by redesignating subparagraph 7#g7 as subparagraph 7#h72 and 7,b7 by inserting after subparagraph 7#f7 the following3 7#g7 ,if the ,secretary requests that a claim under subparagraph 7#a77;,b7 for food 7other than a dietary supplement7 be substantiated1 then not later than #ij days after the date on which the ,secretary makes such request1 the manufacturer shall provide to the ,secretary all documentation in the manufacturer's possession relating to the claim4 4 7#c7 ,incompatible with maintaining healthy dietary practices ,section #djc7r77#c77;,a77ii7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7r77#b77;,b77 is amended by striking increases to persons in the general population the risk of a disease or health-related condition which is diet related and inserting may not be compatible with maintaining healthy dietary practices4 7b7 ,nutrient content claims 7#a7 ,in general ,section #djc7r77#b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7r77#b77 is amended by striking clause 7,b7 and inserting the following3 7,b7 ,if a claim described in subparagraph 7#a77;,a7 is made with respect to a nutrient in a food and the ,secretary makes a determination that the food contains a nutrient at a level that may not be compatible with maintaining healthy dietary practices1 the label or labeling of such food shall contain1 prominently and in immediate proximity to such claim1 a statement which indicates the food is high in such nutrient4 4 7#b7 ,revisions to regulations ,in promulgating the regulations required by section #ah1 the ,secretary of ,health and ,human ,services shall revise section #aja4ac7;h7 of title #ba1 ,code of ,federal ,regulations1 by-- 7,a7 updating the level of sodium requiring disclosure to align with the ,daily ,reference ,value for sodium established in the final rule entitled ,food ,labeling3 ,revision of the ,nutrition and ,supplement ,facts ,labels published by the ,food and ,drug ,administration on ,may #bg1 #bjaf 7#ha ,fed4 ,reg4 #ccgda72 7,b7 including a level of added sugars requiring disclosure based on the ,daily ,reference ,value for added sugars established in the final rule described in subparagraph 7,a72 7,c7 eliminating the requirement that meal products containing more than #bf grams of fat and main dish products containing #ai4e grams of fat per labeled serving must disclose that fat is present in the food2 and 7,d7 authorizing the use of express and implied low added sugar claims on products containing #c grams of added sugars or less per reference amount customarily consumed 7or per #ej grams if the reference amount customarily consumed is #cj grams or less or #b tablespoons or less74 7c7 ,trans fats ,section #djc7r77#b77;,a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7r77#b77;,a77 is amended-- 7#a7 by redesignating subclauses 7v7 and 7vi7 as subclauses 7vi7 and 7vii71 respectively2 and 7#b7 by inserting after subclause 7iv7 the following new subclause3 7v7 may not be made with respect to the level of trans fats in the food1 except on the ,nutrition ,facts ,panel1 unless the food contains less than one gram of saturated fat per serving or1 if the food contains more than one gram of saturated fat per serving1 unless the label or labeling of the food discloses the level of saturated fat in the food in immediate proximity to such claim and with appropriate prominence which shall be no less than one-half the size of the claim with respect to the level of trans fats1 4 7d7 ,added sugars ,not more than #b years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall promulgate a final rule revising section #aja4ad of title #ba1 ,code of ,federal ,regulations1 to include a disqualifying nutrient level for added sugars4 #d4 ,use of specific terms 7a7 ,use of the terms non-,,upf1 non-ultraprocessed1 ,not ,,upf1 and not ultraprocessed 7#a7 ,in general ,in promulgating the regulations required by section #ah1 the ,secretary of ,health and ,human ,services shall include regulations-- 7,a7 relating to use of the terms non-,,upf1 non-ultraprocessed1 not ,,upf1 and not ultraprocessed on the label of food1 including addressing what each such term does and does not mean in terms of ingredients and manufacturing processes2 and 7,b7 specifically addressing the use of such term on the principal display panel and the information panel4 7#b7 ,definitions ,the regulations promulgated pursuant to paragraph 7#a7 shall define the terms non-,,upf1 non-ultraprocessed1 not ,,upf1 and not-ultraprocessed to exclude1 at a minimum-- 7,a7 foods that do not meet the definition of healthy at section #aja4fe 7d77#c7 of title #ba1 ,code of ,federal ,regulations 7or any successor regulations72 and 7,b7 dietary supplements4 7b7 ,use of the term natural 7#a7 ,in general ,in promulgating the regulations required by section #ah1 the ,secretary of ,health and ,human ,services shall include regulations-- 7,a7 relating to use of the term natural on the labeling of food 7other than a dietary supplement72 7,b7 specifically addressing the use of such term on the principal display panel and the information panel2 and 7,c7 requiring that any such use includes a prominent disclosure explaining what the term natural does and does not mean in terms of ingredients and manufacturing processes4 7#b7 ,definition ,the regulations promulgated pursuant to paragraph 7#a7 shall define the term natural-- 7,a7 to exclude1 at a minimum1 the use of any artificial food or ingredient 7including any artificial flavor or added color72 and 7,b7 based on data1 including data on consumers' understanding of the term as used in connection with food4 7#c7 ,process ,in promulgating the regulations required by paragraph 7#a71 the ,secretary of ,health and ,human ,services shall-- 7,a7 conduct consumer surveys and studies and issue a timely call for relevant public submissions regarding relevant consumer research1 including with respect to consumer understanding of the term natural in relation to the term organic2 and 7,b7 fully consider the results of such surveys and studies1 as well as such public submissions4 #e4 ,format of ingredient list 7a7 ,in general ,in promulgating the regulations required by section #ah1 the ,secretary of ,health and ,human ,services shall include requirements for the format of the information required under section #djc7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7;i77-- 7#a7 for the purpose of improving the readability of such information on the label of the food 7other than a dietary supplement72 and 7#b7 that are1 as determined by the ,secretary1 necessary to assist consumers in maintaining healthy dietary practices4 7b7 ,format requirements ,the format requirements described in subsection 7a7 shall include requirements for font size1 uppercase and lowercase characters1 serif and noncondensed font types1 high-contrast between text and background1 and bullet points between adjacent ingredients with appropriate exemptions for small packages or other considerations4 7c7 ,enforcement of ingredient list ,not later than #b years after the enactment of this ,act1 and every #b years thereafter1 the ,secretary of ,health and ,human ,services shall submit a report to ,congress on the ,secretary's enforcement of-- 7#a7 section #djc7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7;i771 including with respect to the regulations described in subsection 7a72 and 7#b7 regulations of the ,food and ,drug ,administration on labeling of ingredients in section #aja4d of title #ba1 ,code of ,federal ,regulations4 #f4 ,modernization of ingredient list 7a7 ,phosphorus ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc71 as amended by section #b7;c71 is further amended by adding at the end the following3 7ee7 ,if it is a food intended for human consumption that is offered for sale and contains phosphorus1 unless-- 7#a7 the phrase contains phosphorus1 along with the quantity of phosphorus in the product1 reported in milligrams per serving1 is printed immediately after or is adjacent to the list of ingredients required under paragraphs 7g7 and 7i71 in a type size no smaller than the type size used in the list of ingredients2 or 7#b7 the quantity of phosphorus contained in the product1 in milligrams1 is reported in the ,nutrition ,facts ,panel4 4 7b7 ,full ingredient disclosure ,section #djc7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7;i77 is amended-- 7#a7 by striking 1 and 7#b7 in case and inserting 2 7#b7 in the case that2 7#b7 by striking and if the food purports and inserting 2 7#c7 if the food purports22 and 7#c7 by striking except that spices1 flavorings1 and colors not required to be certified under section #gba7;c7 unless sold as spices1 flavorings1 or such colors1 may be designated as spices1 flavorings1 and colorings without naming each and inserting 7#d7 in the case that the label uses the terms natural flavor1 natural flavoring1 artificial flavor1 artificial flavoring1 spice1 or spices in its ingredient list1 a parenthetical listing each specific substance included with respect to that term1 except that1 if such parenthetical lists more than #aj substances1 or if the food is sold in a package with #dj square inches or less of total surface area available for labeling1 the food may bear a scannable ,,qr code linking to a website or other remote electronic written medium with a full ingredient list1 accompanied by text stating3 ,scan for details on1 followed by the term or terms necessitating such ,,qr code2 and4 #g4 ,caffeine content on information panel ,section #djc7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7;i771 as amended by section #f1 is further amended by inserting before the period at the end of the first sentence the following3 2 and 7#e7 if the food is food other than a dietary supplement and contains at least #aj milligrams of caffeine from all sources per serving1 a statement 7with appropriate prominence near the statement of ingredients required by this paragraph7 of the number of milligrams of caffeine contained in one serving of the food and the size of such serving after vegetable juice contained in the food4 #h4 ,food allergen labeling 7a7 ,in general ,section #bja7qq7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7qq77 is amended by adding at the end the following3 7#c7 ,any other food or food ingredient that the ,secretary determines by regulation to be a major food allergen1 based on the prevalence and severity of allergic reactions to the food ingredient4 4 7b7 ,update to ,compliance ,policy ,guide ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall update the ,food and ,drug ,administration's ,compliance ,policy ,guide1 section #eee4bej1 to conform with applicable laws related to major food allergens and gluten-containing grains1 including requirements under sections #i and #aj of this ,act4 #i4 ,information about major food allergens and gluten-containing grains 7a7 ,in general ,section #djc7w7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7w77 is amended-- 7#a7 in subparagraph 7#a7-- 7,a7 in the matter preceding clause 7,a71 by inserting or gluten-containing grain after major food allergen2 7,b7 in clause 7,a7-- 7i7 by inserting or gluten-containing grain after major food allergen2 and 7ii7 by striking is printed immediately after or is adjacent to the list of ingredients 7in a type size no smaller than the type size used in the list of ingredients7 required under subsections 7g7 and 7i7 and inserting is printed as specified in subparagraph 7#h72 and 7,c7 in clause 7,b7-- 7i7 in the matter preceding subclause 7i7-- 7,i7 by inserting or gluten-containing grain after of the major food allergen2 7,,ii7 by striking in the list of ingredients required under subsections 7g7 and 7i7 and inserting as so printed2 and 7,,iii7 by inserting or gluten-containing grain before is derived12 7ii7 in subclause 7i71 by inserting or gluten-containing grain before is derived2 and 7iii7 in subclause 7ii7-- 7,i7 by inserting or gluten-containing grain before is derived2 and 7,,ii7 by striking not a major food allergen under section #bja7qq77#b77;,a7 or 7,b74 and inserting the following3 #8#8not-- 7,i7 a major food allergen under clause 7,a7 or 7,b7 of section #bja7qq77#b72 or 7,,ii7 a gluten-containing grain4 2 7#b7 in subparagraph 7#c71 by striking ,the information and inserting ,subject to subparagraph 7#h77;,b71 the information2 7#c7 in subparagraph 7#d71 by inserting or gluten-containing grain after major food allergen2 7#d7 in subparagraph 7#g77;,a71 in the matter preceding subclause 7i71 by striking paragraph 7#f7 and inserting subparagraph 7#f72 and 7#e7 by adding at the end of the following3 7#h7 ,the information required by subparagraph 7#a7 to be conveyed to the consumer shall be-- 7,a7 printed immediately after or adjacent to the list of ingredients 7in a type size no smaller than the type size used in the list of ingredients7 required under paragraphs 7g7 and 7i72 or 7,b7 in the case of nonpackaged food being offered for sale at retail1 and not subject to the requirements under paragraph 7g7 and 7i71 place on a sign adjacent to the food 7in a type size no smaller than the name of the food item74 4 7b7 ,hazard analysis and preventive controls ,section #dah of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;g7 is amended-- 7#a7 in subsection 7b77#a77;,a71 by inserting gluten-containing grains1 after allergens12 and 7#b7 in subsection 7o77#c77;,d71 by inserting and gluten-containing grain after allergen14 7c7 ,inspections relating to food allergens ,section #bje of the ,food ,allergen ,labeling and ,consumer ,protection ,act of #bjjd 7#ba ,u4,s4,c4 #cgd;a7 is amended by inserting and gluten-containing grains1 after allergens each place it appears4 #aj4 ,submission and availability of food label information ,the ,federal ,food1 ,drug1 and ,cosmetic ,act is amended by inserting after section #djc;,c of such ,act 7#ba ,u4,s4,c4 #cdc--c7 the following3 #djc;,d4 ,submission and availability of food label information 7a7 ,submissions 7#a7 ,requirement ,the ,secretary shall require the manufacturer or importer of any food that is introduced or delivered for introduction into interstate commerce in package form to submit to the ,secretary all information to be included in the label of the food1 including-- 7,a7 the nutrition facts panel2 7,b7 the ingredients list2 7,c7 an image of the principal display panel2 7,d7 major allergens and gluten-containing grains2 7,e7 claims under section #djc7r77#a77;,a7 7commonly known as nutrient-content claims72 7,f7 claims under section #djc7r77#a77;,b7 7commonly known as health-related claims72 and 7,g7 other relevant information required by law to be published in the labeling of the food4 7#b7 ,updates ,the ,secretary shall require the manufacturer or importer of food to update or supplement the information submitted under paragraph 7#a7 with respect to the food in order to keep the information up-to-date and complete4 7#c7 ,civil penalty ,whoever knowingly violates paragraph 7#a7 with respect to any food shall be liable to the ,united ,states for a civil penalty in an amount not to exceed #aj1jjj for each day on which such violation continues with respect to such food4 7b7 ,public database ,the ,secretary shall establish and maintain a public database containing the information submitted under this section that-- 7#a7 is available to the public through the website of the ,food and ,drug ,administration2 and 7#b7 allows members of the public to easily search and sort information4 4 #aa4 ,standards of identity 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall-- 7#a7 review standards of identity prescribed by regulation which require foods to contain-- 7,a7 minimum levels of nutrients that the ,secretary determines are strongly associated with public health concerns2 or 7,b7 minimum levels of ingredients containing high levels of such nutrients2 and 7#b7 report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate on the findings of such review4 7b7 ,amendments ,in promulgating the regulations required by section #ah1 the ,secretary of ,health and ,human ,services shall amend standards of identity regulations to-- 7#a7 provide for the use of salt substitutes where appropriate2 and 7#b7 require that yogurt1 lowfat yogurt1 and nonfat yogurt contain a minimum level of live and active cultures per gram4 #ab4 ,study on fortification of corn masa flour ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall submit a report to ,congress on the effect of the final rule titled ,food ,additives ,permitted for ,direct ,addition to ,food for ,human ,consumption2 ,folic ,acid published by the ,food and ,drug ,administration on ,april #ae1 #bjaf 7#ha ,fed4 ,reg4 #bbagf7 on folic acid intake in the ,united ,states population by race and ethnicity1 comparing actual exposure with modeled exposure estimates from the final rule4 #ac4 ,sugar alcohols and isolated fibers ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc71 as amended by section #f1 is further amended by adding at the end the following3 7ff7 ,if it is a food intended for human consumption that is offered for sale and contains allulose1 polydextrose1 sugar alcohols1 or isolated fibers1 unless such fact is prominently stated on the principal display panel of the packaging of the food4 ,the ,secretary shall by regulation establish quantities above which such labeling shall include a warning that the food contains a level of allulose1 polydextrose1 sugar alcohols1 or isolated fibers per serving determined by the ,secretary to cause deleterious health effects4 4 #ad4 ,infant and toddler beverages ,in promulgating the regulations required by section #ah1 the ,secretary of ,health and ,human ,services shall revise-- 7#a7 section #aja4c of title #ba1 ,code of ,federal ,regulations1 to prohibit any beverage in powder or liquid form1 other than infant formula1 represented or purported to be for use by children more than #ab months old1 from being identified as infant formula or use the term formula in combination with any other term2 and 7#b7 part #ajb of title #ba1 ,code of ,federal ,regulations1 so that-- 7,a7 in the case of any powdered or liquid milk-based beverage that claims to be for consumption by children #ab to #cf months of age1 such beverage shall-- 7i7 use as its common or usual name a descriptive term such as milk-based drink2 and 7ii7 if the beverage contains added sugars1 nonnutritive sweeteners1 or flavorings1 include in such common or usual name a qualifying term such as sweetened or flavored2 7,b7 in the case of any powdered or liquid nondairy-milk-based beverage that claims to be for consumption by children #ab to #cf months of age1 such beverage shall-- 7i7 use as its common or usual name an appropriately descriptive term identifying the source of protein1 such as soy-based drink powder for #ab-cf month olds2 and 7ii7 if the beverage contains added sugars1 nonnutritive sweeteners1 or flavorings1 include in such common or usual name qualifying terms such as sweetened and flavored when applicable2 and 7,c7 the labeling of a beverage described in subparagraph 7,a7 or 7,b7 shall-- 7i7 contain a disclaimer that-- 7,i7 cautions against consumption of the beverage by infants1 such as ,do not serve to infants under #ab months old2 and 7,,ii7 such beverages are not recommended for children #ab to #bd months of age and such consumption of such beverages is not required for a healthy diet1 such as ,this product contains added sugars4 ,the ,dietary ,guidelines for ,americans recommend to avoid food and beverages with added sugars for children younger than #bd months of age42 and 7ii7 not contain any statement suggesting a recommended intake of such beverages1 such as one cup a day4 #ae4 ,formatting of information on principal display panels ,the ,secretary of ,health and ,human ,services shall-- 7#a7 not later than #b years after the date of enactment of this ,act1 conduct a study on the legibility of food labeling to determine updated recommendations for text size and color contrast that make food labeling information visually accessible to the majority of consumers2 7#b7 not later than #a year after the completion of the study under paragraph 7#a71 issue proposed regulations revising section #aja4b7;c7 of title #ba1 ,code of ,federal ,regulations1 to-- 7,a7 set the scale of text size1 taking into consideration the results of the study conducted under paragraph 7#a72 and 7,b7 establish new requirements for text and background color contrast1 taking into consideration the results of the study conducted under paragraph 7#a72 and 7#c7 not later than #b years after the completion of the study under paragraph 7#a71 finalize such proposed regulations4 #af4 ,sale of food online 7a7 ,in general ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc71 as amended by section #ac1 is further amended by adding at the end the following3 7gg7 7#a7 ,if it is a food intended for human consumption and is offered for sale online or by other remote written electronic means1 unless the following requirements are met3 7,a7 ,the following information is available to consumers at the point of selection prior to purchasing the food1 through a publicly available website or other remote electronic written means3 7i7 ,the information required to be included in a food label pursuant to paragraph 7e77#b74 7ii7 ,the nutrition information required in a food label under paragraph 7q71 in the same format as required under paragraph 7q7 and subject to clause 7,c74 7iii7 ,the ingredient information required under paragraphs 7g71 7i71 7k71 and 7s71 provided that if formulations of the food containing different ingredients or nutrition information required under paragraph 7q77#a7 may be substituted under the same offer for sale-- 7,i7 in immediate proximity to the text or image disclosing the ingredient list or nutrition information required under such paragraph7q77#a71 the following statement shall appear3 ,there are multiple versions of this product4 ,please review ingredients and nutrition facts for each version prior to purchase42 and 7,,ii7 all versions of the ingredients or nutrition information required to be included on a label or labeling under paragraph 7q77#a7 presenting such different ingredients or nutrition information shall be available to consumers prior to purchasing the food4 7iv7 ,the information required under paragraphs 7w7 and 7x74 7v7 ,the information required to appear on the principal display panel 7as defined in section #aja4a of title #ba1 ,code of ,federal ,regulations 7or successor regulations774 7,b7 7i7 ,the manufacturer1 processor1 or distributor of the food makes the information described in subclauses 7i7 through 7v7 of clause 7,a7 available1 through a publicly available website or other remote electronic written means4 7ii7 ,with respect to any updates to the information required to be made available by a manufacturer1 processor1 or distributor pursuant to subclause 7i71 such updates shall be made available prior to the food being introduced or delivered for introduction into commerce4 7,c7 ,the information required under clauses 7,a7 and 7,b7 may be provided as text or by publishing images of the product label4 7,d7 ,for purposes of clauses 7,a7 and 7,b71 the nutrition information required under paragraph 7q71 the ingredient information required under paragraphs 7g71 7i71 7k71 and 7s71 and the allergen information required under paragraphs 7w7 and 7x7 shall-- 7i7 be easily accessible on the first screen containing information about the product appearing on a mobile device1 internet website1 or other landing page2 and 7ii7 appear prominently and conspicuously 7as compared with other words1 statements1 or designs on the mobile device1 website1 or other landing page7 so as to render the information likely to be read and understood by the ordinary individual under customary conditions of online purchase4 7#b7 7,a7 ,a food shall be exempt from the requirements of this paragraph to the extent the food is otherwise exempt from a labeling requirement under paragraph 7q77#e71 section #dje7b71 or another provision of this chapter4 7,b7 ,the requirements of this paragraph shall be subject to any exemptions and variations as are applicable under this section4 4 7b7 ,exemption for penalties ,section #cjc7;d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccc7;d77 is amended-- 7#a7 by striking ,no person and inserting the following3 7d77#a7 ,no person2 and 7#b7 by adding at the end the following3 7#b7 ,no person offering a product for sale online or by other remote electronic written means shall be subject to the penalties of subsection 7a77#a7 of this section for a violation of section #cja involving misbranded food if the violation exists solely because the food is misbranded under section #djc7;gg7 due to omission or inaccuracies in the information required under section #djc7;gg77#a71 if such omission or inaccuracies were replicated from the product label4 4 #ag4 ,definitions 7a7 ,definitions applicable in this ,act ,in this ,act1 the terms food and dietary supplement have the meanings given to such terms in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7b7 ,definitions applicable in the ,federal ,food1 ,drug1 and ,cosmetic ,act ,section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 is amended by adding at the end the following3 7tt7 ,the term artificial1 with respect to food or any ingredient of food1 means-- 7#a7 food or an ingredient that is synthetically produced whether or not it has the same chemical structure as a naturally occurring food or ingredient2 7#b7 food or an ingredient that has undergone chemical changes through the introduction of synthetic chemicals or processing aids 7such as corn syrup1 high-fructose corn syrup1 high-maltose corn syrup1 maltodextrin1 chemically modified starch1 and cocoa processed with alkali71 excluding-- 7,a7 food or an ingredient that has undergone traditional processes used to make food edible1 to preserve food1 or to make food safe for human consumption 7such as smoking1 roasting1 freezing1 drying1 and fermenting processes72 or 7,b7 food or an ingredient that has undergone traditional physical processes that do not fundamentally alter the raw product or which only separate a whole intact food into component parts 7such as grinding grains1 separating eggs into albumen and yolk1 or pressing fruits to produce juice72 or 7#c7 any food or ingredient that the ,secretary specifies by regulation to be artificial for purposes of this ,act4 7uu7 ,the term synthetic1 with respect to a substance in food or any ingredient of food1 means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from a naturally occurring plant1 animal1 or mineral source1 except that such term does not apply to a substance created by naturally occurring biological processes4 7vv7 ,the term gluten-containing grains means any one of the following grains 7or any crossbred hybrid thereof73 7#a7 ,wheat1 including any species belonging to the genus ,triticum4 7#b7 ,rye1 including any species belonging to the genus ,secale4 7#c7 ,barley1 including any species belonging to the genus ,hordeum4 7ww7 ,the term gluten means the proteins that-- 7#a7 naturally occur in a gluten-containing grain2 and 7#b7 may cause adverse health effects in persons with celiac disease4 7xx7 ,the term online means on or by any system of data communication and transmission1 such as the internet4 7yy7 ,the term online point of selection means any space in which consumers are allowed to purchase food online1 including websites1 e-commerce platforms1 web applications1 and mobile applications4 4 #ah4 ,regulations2 delayed applicability 7a7 ,regulations 7#a7 ,proposed regulations 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall issue proposed regulations to carry out sections #c1 #d1 #e7;a71 #f1 #g1 #i1 #aj1 #aa1 #ac1 #ad1 #af1 and #ag7;b7 and the amendments made by such sections4 7,b7 ,front-of-package labeling for foods ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall issue proposed regulations to carry out section #b1 including the amendments made by such section4 7#b7 ,final regulations ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall finalize the regulations proposed pursuant to paragraph 7#a74 7#c7 ,failure to issue final regulation ,if the ,secretary of ,health and ,human ,services does not issue a final regulation as required by paragraph 7#b7 by the deadline specified in such paragraph1 the corresponding proposed regulation shall become final on such deadline4 7#d7 ,special rule with respect to certain front-of-package labeling requirements 7,a7 ,in general ,if the ,secretary determines that establishing ,daily ,reference ,values and percent ,daily ,values as described in section #djc7q77#f77;,c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as amended by section #b7;a71 for inclusion in the final rule as required by paragraph 7#b7 would prevent the issuance of such final rule by the deadline described in such subsection1 the ,secretary shall issue such final rule before establishing such ,daily ,reference ,values and percent ,daily ,values4 7,b7 ,subsequent revision to rule ,if the ,secretary finalizes the rule as described in described in section #djc7q77#f77;,c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as amended by section #b7;a7 before establishing ,daily ,reference ,values and percent ,daily ,values1 as described in subparagraph 7,a71 the ,secretary1 as soon as practicable after establishing such ,daily ,reference ,values and percent ,daily ,values1 shall revise such final rule to include such ,daily ,reference ,values and percent ,daily ,values4 7b7 ,delayed applicability ,the amendments made by sections #b1 #c1 #d1 #e7;a71 #f1 #g1 #i1 #aj1 #aa1 #ac1 #ad1 #af1 and #ag7;b7 apply beginning on the date that is #c years after the date of enactment of this ,act4