The U.S. House of Representatives on Feb. 6 passed legislation introduced by Rep. Cathy McMorris Rodgers (R-WA) that would offer food-selling businesses certain nutritional labeling flexibility while providing consumers with their desired calorie count information.
“This bill, at its very core, is about flexibility. Flexibility for businesses to meet the requirements of the rule and present this calorie information in a way that makes sense for them and their customers,” said Rep. McMorris Rodgers, who serves as House Republican Conference Chair, on the House floor prior to a bipartisan vote of 266-157 approving the measure.
If enacted, the Common Sense Nutrition Disclosure Act of 2017, H.R. 772, would revise information that restaurants and other retail food businesses are required to disclose. For instance, nutrient content disclosure statements on menus or menu boards would need to include calorie counts for the whole item, the number of servings and calories per serving, or the calorie count for a common unit of the item, according to the bill’s summary.
Other provisions in H.R. 772 outline how certain establishments would comply with the bill’s proposed nutritional information disclosure rule. Self-serve food establishments, for example, could use the same nutrient content disclosure statements used in restaurants on menus or menu boards, or “place signs with nutritional information adjacent to each food item,” according to the summary.
“This thoughtful approach to menu-labeling will increase access to information, prevent frivolous lawsuits from hampering individuals and businesses, and allow businesses to provide customized menu information,” said U.S. Rep. Greg Walden (R-OR), chairman of the House Energy and Commerce Committee, which has jurisdiction over the bill. “It’s a win-win for everyone.”
McMorris Rodgers introduced an earlier form of the legislation in 2015 to counter an Obama administration U.S. Food and Drug Administration (FDA) proposed rule that would have established narrower nutritional labeling requirements that she saw as a burden for businesses selling and serving foods.
“Once again, the House has acted to pass these common sense solutions to an overly burdensome Obama-era rule,” Rep. Walden said.
Calling the FDA’s proposed one-size-fits-all approach “problematic,” Rep. McMorris Rodgers said that by modernizing the rule, “customers can trust they are getting the reliable information they need in an easy-to-access, consumer-friendly way.” The measure would enable “customers to actually see and understand the information because it’s displayed where customers actually place orders — including by phone, online or through mobile apps,” she said.
U.S. Rep. Fred Upton (R-MI) agreed that consumers should have such information when they’re placing an order. “A menu board may work for some businesses where customers order at the counter where they also pay, but for an establishment where most people now order online or from a phone, having the calorie information when they pick up their order won’t be very helpful to that consumer,” Upton said in remarks on the House floor. Upton, along with Walden and McMorris Rodgers, serves on the House Energy and Commerce Committee.
Rep. Upton also pointed out that H.R. 772 takes steps to preserve local foods and fresh items, which might be sold at limited locations. “To do so, the bill clarifies that menu labeling regulations are intended for standard menu items,” which the bill also defines, he said.
“The food retail sector employs – let’s face it – millions of Americans and provides access to affordable, healthy options. The federal government shouldn’t impose arbitrary regulations that are going to cause unnecessary harm to businesses and consumers,” Upton added in his remarks.