H.R. 2017

Common Sense Nutrition Disclosure Act of 2015

(Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that chain restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off premises.

Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item.

Reasonable variations in the actual nutrient content of items are permissible, including variations in serving size or ingredients or variations due to inadvertent human error.

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

Regulations pursuant to this Act cannot take effect earlier than two years after final regulations are promulgated.

The FDA must give establishments in violation of nutritional labeling requirements 90 days to correct violations.

The FDA may no longer allow states or localities to vary from federal nutritional labeling requirements for chain restaurants.

(Sec. 3) Restaurants and retail food establishments are not liable in a civil action for claims regarding federal or state nutritional labeling requirements unless the action is brought by the United States or a state.