Sec. 2. Additional requirements for front-of-package labeling for foods
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Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: 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. Final regulations regarding the summary nutrition information required under subparagraph
(1)shall meet the following criteria: There shall be a standardized symbol system that displays calorie information related to the serving size determined under paragraph (q)(1)(A), and information related to the content of saturated and trans fats, sodium, added sugars, and any other nutrients that the Secretary determines are strongly associated with public health concerns. The system shall employ an approach that clearly distinguishes between products of greater or lesser nutritional value. This system shall include— a warning symbol or symbols for products high in saturated or trans fats, sodium, added sugars, and any other nutrients the consumption of which should be limited or discouraged; and a stop-light, points, star, or other commonly recognized signaling system to scale or rank foods according to their overall health value. The information shall appear on all products that are required to bear nutrition labeling. The information shall— appear in a consistent location on the principal display panels across products; have a prominent design that visually contrasts with existing packaging design; and be sufficiently large to be easily legible. In promulgating regulations regarding the summary nutrition information required under subparagraph (1), the Secretary shall take into account published reports by the Health and Medicine Division of the National Academy of Sciences, Engineering, and Medicine regarding such information, and base regulations on the following principles: Consumers should be able to quickly and easily comprehend the meaning of the system as an indicator of a product’s contribution to a healthy diet without requiring specific or sophisticated nutritional knowledge. The nutrition information should be consistent with the Nutrition Facts Panel and with the recommendations of the Dietary Guidelines for Americans. The information should aim to facilitate consumer selection of healthy product options, including among nutritionally at-risk subpopulations. The Secretary should periodically evaluate the front-of-package information to assess its effectiveness in facilitating consumer selection of healthy product options and the extent to which manufacturers are offering healthier products as a result of the disclosure. The implementation of the information disclosure should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary. . Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), is further amended by adding at the end the following: If, in the case of food other than a dietary supplement, the principal display panel bears— the term whole wheat , whole grain , made with whole grain , or multigrain ; a declaration of the whole grain content by weight; the term wheat on a wheat bread, pasta, or similar product that is typically made from wheat; or any similar descriptive phrases, terms, or representations suggesting the product contains whole grains, unless the amounts of whole grains and refined grains, expressed as a percentage of total grains, are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase, term, or representation using a font color and formatting of equivalent prominence to the descriptive phrase, term, or representation with respect to whole grain content, or unless 100 percent of the grains in the food are whole grains. If, in the case of food other than a dietary supplement, the principal display panel bears— the term fruit , fruity , froot , frooty , or fruit-flavored ; representations, depictions, or images of such ingredients; or any similar descriptive phrases, terms, or representations suggesting the product contains fruit or any specific type of fruit, unless the quantity per serving and form of fruit, including only the nutrient-dense forms, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of fruit. The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of fruit. In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. If, in the case of food other than a dietary supplement, the principal display panel bears— the term vegetable or veggie ; representations, depictions, or images of such ingredients; or any similar descriptive phrases, terms, or representations suggesting the product contains vegetables or any specific type of vegetable, unless the quantity per serving and form of vegetable, including only the nutrient-dense form, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of vegetable. The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a vegetable, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. If, in the case of food other than a dietary supplement, the principal display panel bears the term yogurt , unless— the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk. The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of yogurt. . Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b), is further amended by adding at the end the following: If, in the case of food other than a dietary supplement, it bears or contains any artificial dye, or any added artificial or natural flavoring, unless such fact is prominently stated on the principal display panel of the packaging of the food. For the purposes of this paragraph, the term artificial dye refers to a batch-certified dye certified under part 74 of title 21, Code of Federal Regulations (or any successor regulations). . Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c), is further amended by adding at the end the following: If, in the case of food other than a dietary supplement, it bears or contains any added artificial or natural noncaloric sweetener, unless such fact is prominently stated on the principal display panel of the packaging of the food. . Nothing in this section, including any amendment made by 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 restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel.
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Sec. 2
Additional requirements for front-of-package labeling for foods
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