Bills
| 3.23.22

Should the FDA's Nutrition Disclosure Requirements be Delayed? (H.R. 772)

Do you support or oppose this bill?

What is H.R. 772?

(Updated June 19, 2019)

This bill would revise the nutritional information that certain restaurants and retail food establishments have to disclose to consumers. The requirements came from a 2014 rule on labeling from the Food and Drug Administration (FDA) that is scheduled to take effect on May 7, 2018. 

The rule applies to restaurants and other food retailers that receive more than half of their revenue from food sales. It establishes specific nutrition facts that food vendors must provide, including the number of:

  • Calories in the whole menu item;

  • Servings and the calories per serving;

  • Calories per common unit of a food item for multi-serving items that are divided before serving.

Under the rule, nutritional information can be given on a remote-access menu (like an internet menu) for businesses where food orders are mostly placed off the premises. Establishments with self-serve food can comply with the requirements for restaurants or place signs with nutritional information next to each food item.

Under this bill, a company’s nutrient content disclosures would be considered to have a “reasonable basis” if they fall within acceptable allowances for variation, like serving size, ingredients, and accidental human error.

Establishments with standard menu items that come in different flavors, varieties, or combinations that are listed as a single menu item would be allowed to determine and disclose nutritional information using specified methods or those used by the Food and Drug Administration (FDA).

Regulations created as a result of this legislation cannot take effect earlier than two years after the final regulations are released.

Argument in favor

Nutritional disclosures shouldn’t be imposed on restaurants until all regulations on the matter are final. Businesses need more time and options to adapt to the new regulations.

Argument opposed

These nutritional disclosure requirements shouldn’t be delayed. Consumers have the right to know all the nutritional information of the food they are buying so they can make informed decisions.

Impact

Consumers of food, food vendors, and the FDA.

Cost of H.R. 772

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Cathy McMorris Rodgers (R-WA) introduced this legislation to protect food vendors from an “unworkable” FDA regulation that would otherwise affect grocery stores, restaurants, and other food establishments:

“Whether you buy food at the local convenience store or eat out at the neighborhood diner, you should have access to important nutritional information. The FDA’s one-size-fits-all approach places additional burdens on the backs of our nation’s small business owners without giving them the flexibility they need to actually comply with the regulations. How businesses provide that information should be consistent with how their customers actually place orders – including by phone, online or through mobile apps.  By bringing this rule into the 21st Century, we can provide relief to our job creators and preserve important nutritional information for American families at the same time.”

During the last Congress, the House Energy and Commerce Committee passed this legislation on a vote of 36-12 with one member voting present. It then passed the House on a 266-144 vote. Currently, the bill has the support of 47 cosponsors in the House, including six Democrats and 41 Republicans.


Of Note: The FDA first proposed its nutritional information rule in April 2011 before taking their final action in July 2011. After receiving public comments, the FDA delayed the rule’s effective date from six months after the rule’s final publication to one year, before again extending the compliance date to December 1, 2016. It was then extended into 2017 before the compliance date was pushed back once again to May 7, 2018.


Media:

Summary by Eric Revell
(Photo Credit: Flickr user Laine Trees)