[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1653 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1653
To amend the Federal Food, Drug, and Cosmetic Act to strengthen
requirements related to nutrient information on food labels, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 5, 2013
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to strengthen
requirements related to nutrient information on food labels, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Food Labeling
Modernization Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Additional requirements for front-of-packaging (FOP) labeling
for processed foods.
Sec. 3. Claims for conventional foods.
Sec. 4. Use of specific terms.
Sec. 5. Modernization of the Nutrition Facts Panel.
Sec. 6. Ingredient labels.
Sec. 7. Caffeine content on information panel.
Sec. 8. Effective date; regulations.
Sec. 9. Definitions.
SEC. 2. ADDITIONAL REQUIREMENTS FOR FRONT-OF-PACKAGING (FOP) LABELING
FOR PROCESSED FOODS.
(a) Summary Nutrition Labeling Information.--
(1) In general.--Section 403 of Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end
the following new paragraph:
``(z)(1) Except as provided in subparagraphs (3), (4), and (5) of
paragraph (q), if it is food (other than a dietary supplement) intended
for human consumption and is offered for sale and otherwise required to
bear nutrition labeling, unless its principal display panel bears
summary nutrition information that reflects the overall nutritional
value of the food or specified ingredients, as specified in accordance
with regulations of the Secretary, and does not contain any summary
nutritional information which is in addition to or inconsistent with
the information required under this subparagraph.''.
(2) Principles for implementing regulations.--In
promulgating regulations regarding the summary nutrition
information required under the amendment made by paragraph (1),
the Secretary of Health and Human Services shall take into
account published reports of the Institute of Medicine of the
National Academy of Sciences regarding such information and
base regulations on the following principles:
(A) There should be a single simple, standard
symbol system that displays calorie information related
to a common serving size, and information related to
nutrients strongly associated with public health
concerns.
(B) Consumers should be able to quickly and easily
comprehend the meaning of the symbol system as an
indicator of a product's contribution to a healthy
diet.
(C) The information should appear on all products
that are required to bear nutrition labeling.
(D) The information should--
(i) appear in a consistent location on the
principal display panels across products;
(ii) have a prominent design that visually
contrasts with existing packaging design; and
(iii) be sufficiently large.
(E) The nutrition information should be consistent
with the Nutrition Facts Panel and with the
recommendations of the Dietary Guidelines of Americans.
(F) The information should aim to facilitate
consumer selection of healthy product options,
including among nutritionally at-risk subpopulations.
(G) The Secretary should periodically evaluate the
front-of-package information to assess its ability to
help facilitate consumer selection of healthy product
options and the extent to which manufacturers are
offering healthier products as a result of the
disclosure.
(H) The implementation of the information
disclosure should be accompanied by appropriate
consumer education and promotion campaigns determined
by the Secretary.
(b) Percentage of Wheat and Grains in Grain-Based Products.--
Section 403(z) of Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343(z)), as added by subsection (a)(1), is further amended by adding at
the end the following new subparagraph:
``(2) If, in the case of food other than a dietary supplement, the
principal display panel bears--
``(A) the phrase `made with whole grain', the term
`multigrain', or similar descriptive phrases, terms, or
representations with respect to whole grain content, unless the
amount of whole grains, expressed as a percentage of total
grains, is conspicuously disclosed in immediate proximity to
such descriptive phrase, term, or representation; or
``(B) the terms `wheat' or `whole wheat' on breads, pasta,
crackers, or similar wheat-based products, unless the
percentage of whole wheat by weight contained in the food is
conspicuously declared in immediate proximity to that term or
there is a conspicuous declaration that the food `contains no
whole wheat' in immediate proximity to that term.''.
(c) Sweeteners, Coloring, and Flavoring.--Section 403(z) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(z)) is further
amended by adding at the end the following new subparagraph:
``(3) If, in the case of food other than a dietary supplement, it
bears or contains any added artificial or natural coloring, any added
artificial or natural non-caloric sweetener, or any added artificial or
natural flavoring, unless such fact is prominently stated on the
principal display panel of a package or container of the food.''.
(d) Conforming Amendment.--The second sentence of section 403(k) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(k)) is amended
by striking ``and (i)'' and inserting ``, (i), and (z)''.
(e) Construction.--Nothing in this section shall be construed as
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 section or as
restricting the authority of the Secretary of Health and Human Services
to require additional information be disclosed on such a principal
display panel.
SEC. 3. CLAIMS FOR CONVENTIONAL FOODS.
(a) Structure and Function Claims.--
(1) Guidance.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall issue comprehensive guidance clarifying the
application of section 403(r) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343(r)) with respect to the mechanisms
by which a nutrient in food (other than a dietary supplement)
is intended to affect the structure or any function of the
human body, or characterize the documented mechanism by which a
nutrient in such food acts to maintain such structure or
function.
(2) Substantiation of claim.--Section 403(r) of Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended--
(A) by redesignating subparagraph (7) as
subparagraph (8); and
(B) by inserting after subparagraph (6) the
following:
``(7) If the Secretary requests that a claim under
paragraph (r)(1)(B) for food (other than a dietary supplement)
be substantiated, then not later than 90 days after the date on
which the Secretary makes such request, the manufacturer shall
provide to the Secretary all documentation in the
manufacturer's possession relating to the claim.''.
(b) Trans Fats.--Section 403(r)(2)(A) of Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343(r)(2)(A)) is amended--
(1) in subclause (iii)--
(A) in the matter before item (I), by striking
``fat or saturated fat'' and inserting ``fat, saturated
fat, or trans fats''; and
(B) in item (II), by striking ``fat or saturated
fat'' and inserting ``fat, saturated fat, or trans
fats'';
(2) in subclause (iv), by striking ``saturated fat'' and
inserting ``saturated fat or trans fats'' each place it
appears;
(3) by redesignating subclauses (v) and (vi) as subclauses
(vi) and (vii), respectively; and
(4) by inserting after subclause (iv) the following new
subclause:
``(v) may not be made with respect to the level of trans
fats in the food unless the food contains less than one gram of
saturated fat per serving or, if the food contains more than
one gram of saturated fat per serving, 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 fats,''.
SEC. 4. USE OF SPECIFIC TERMS.
(a) Use of the Term ``Natural''.--Section 403 of Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 2, is
further amended by adding at the end the following new paragraph:
``(aa) If, in the case of food other than a dietary supplement, the
label bears the term `natural' and the food contains any artificial
ingredient (including any artificial flavor or artificial color),
including--
``(1) any ingredient that is synthesized but has the same
chemical structure as a naturally occurring ingredient;
``(2) any ingredient that has undergone chemical changes,
such as corn syrup, high-fructose corn syrup, high-maltose corn
syrup, maltodextrin, chemically modified starch, cocoa
processed with alkali, but not including--
``(A) food that has undergone traditional processes
used to make food edible, to preserve food, or to make
food safe for human consumption (such as smoking,
roasting, freezing, drying, and fermenting processes);
or
``(B) food 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 (such as grinding grains, separating
eggs into albumen and yolk, or pressing fruits to
produce juice); or
``(3) any other artificially-created ingredient that the
Secretary specifies in regulations.''.
(b) Use of Term ``Healthy''.--The Secretary of Health and Human
Services shall revise the regulations under the Federal Food, Drug, and
Cosmetic Act relating to the use of the term ``healthy'' on the label
of a food (other than a dietary supplement) to take into account the
extent to which such food contains added sugars or whole grains. In the
case of a food (other than a dietary supplement) that contains grains,
in revising such regulations, the Secretary shall not consider the food
to be ``healthy'' unless at least half of those grains, by weight, are
whole grains.
SEC. 5. MODERNIZATION OF THE NUTRITION FACTS PANEL.
(a) Disclosure of Calorie Information.--Section 403(q)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(1)) is amended--
(1) by striking the period at the end the clause (E) and
inserting a comma;
(2) by inserting after clause (E) the following new clause:
``(F) in the case of food other than a dietary
supplement--
``(i) the percent of recommended daily
calories that are provided by one serving of
the product, based on a recommended daily
consumption of calories determined by the
Secretary to be appropriate for members of the
general population; and
``(ii) at the discretion of the Secretary,
the percent of recommended daily calories that
are provided by one serving of the product--
``(I) for members of any
subpopulation identified by the
Secretary; and
``(II) based on a recommended daily
consumption of calories determined by
the Secretary to be appropriate for
members of such subpopulation.''; and
(3) by adding, after the flush text following clause (F),
as added by paragraph (2), the following: ``The information
required under clause (C)(i) shall, in the case of food other
than a dietary supplement, appear in a typeface and design
which is more prominent and conspicuous than that used for
other information required under this subparagraph.''.
(b) Serving Size.--Section 403(q)(1)(A)(i) of Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(q)(1)(A)(i)) is amended by inserting
``, or, in the case of a food (other than a dietary supplement) that is
packaged in an amount that could reasonably be consumed in a single-
eating occasion, which is an amount equal to the amount of food
contained in the package'' before ``, or''.
(c) Disclosure of Information Relating to Sugar on Nutrition Fact
Panel.--
(1) In general.--Section 403(q)(1) of Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(q)(1)), as amended by
subsection (a), is amended--
(A) in subparagraph (D), by striking ``sugars'' and
inserting ``sugars (and, in the case of food other than
a dietary supplement, total sugars, and, of that, added
sugars)''; and
(B) by inserting after clause (F) the following new
clause:
``(G) in the case of food other than a dietary
supplement--
``(i) the percent of added sugars
recommended for daily consumption that are
provided by one serving of the product, based
on a recommended daily consumption of calories
determined by the Secretary to be appropriate
for members of the general population; and
``(ii) at the discretion of the Secretary,
the percent of added sugars recommended for
daily consumption that are provided by one
serving of the product--
``(I) for members of any
subpopulation identified by the
Secretary; and
``(II) based on a recommended daily
consumption of calories determined by
the Secretary to be appropriate for
members of such subpopulation.''.
SEC. 6. INGREDIENT LABELS.
(a) Grouping of Sugars, Non-Caloric Sweeteners, and Sugar Alcohols
for Ordering of Predominance.--Section 403 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343), as amended by sections 2 and 4, is
amended by adding at the end the following new paragraph:
``(bb) In case it is food other than a dietary supplement and is
fabricated from two or more ingredients, unless--
``(A) any sugars, non-caloric sweeteners, or sugar alcohols
are each treated as a group in the list of ingredients on the
label, including for purposes of determining the order of
predominance of ingredients; and
``(B) individual sugars, non-caloric sweeteners, and sugar
alcohols are listed parenthetically within each such group in
their order of predominance within the group.''.
(b) Format of Ingredient Labels.--
(1) In general.--The Secretary of Health and Human Services
shall include requirements for the format of the information
required under section 403(i) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343(i))--
(A) for the purpose of improving the readability of
such information on the label of the food (other than a
dietary supplement); and
(B) that are, as determined by the Secretary,
necessary to assist consumers in maintaining healthy
dietary practices.
(2) Format requirements.--The format requirements referred
to in paragraph (1) shall include requirements for upper- and
lower-case characters, serif and noncondensed font types, high-
contrast between text and background, and bullet points between
adjacent ingredients with appropriate exemptions for small
packages or other considerations.
SEC. 7. CAFFEINE CONTENT ON INFORMATION PANEL.
Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(i)) is amended--
(1) by striking ``and (2)'' and inserting ``(2)'';
(2) by striking ``and if the food purports'' and inserting
``, (3) if the food purports''; and
(3) by inserting ``, and (4) if the food is food other than
a dietary supplement and contains at least 10 milligrams of
caffeine from all sources per serving, a statement (with
appropriate prominence near the statement of ingredients
required by this paragraph) 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 food''.
SEC. 8. EFFECTIVE DATE; REGULATIONS.
(a) Effective Date.--The amendments made by--
(1) sections 3 through 7 shall take effect on the date that
is 2 years after the date of enactment of this Act; and
(2) section 2 shall take effect on the date that is 3 years
after such date of enactment.
(b) Regulations.--
(1) Proposed regulations.--The Secretary of Health and
Human Services shall propose regulations--
(A) not later than 1 year after the date of
enactment of this Act, to implement the amendments made
by sections 3 through 7; and
(B) not later than 2 years after such date of
enactment, to implement the amendments made by section
2.
(2) Final regulations.--The Secretary of Health and Human
Services shall promulgate final regulations--
(A) not later than 2 years after such date of
enactment, to implement the amendments made by sections
3 through 7; and
(B) not later than 3 years after such date of
enactment to implement the amendments made by section
2.
(3) Deadline.--If the Secretary of Health and Human
Services does not issue a final regulation by the deadline
specified in subparagraph (A) or (B) of paragraph (2), the
corresponding proposed regulation under subparagraph (A) or (B)
of paragraph (1) shall become final on the respective deadline.
SEC. 9. DEFINITIONS.
In this Act, the terms ``food'' and ``dietary supplement'' have the
meanings given to such terms in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
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