← Back to Bill Feed
FederalIn Committee
Food Labeling Modernization Act of 2026
Introduced Jul 29, 2026 · Last action Jul 29, 2026 — Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Track this bill
Save bills and get alerts when status changes.
Sign in to saved bills.
Summary
This legislation is called the Food Labeling Modernization Act of 2026. It is being reviewed by a committee.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5166 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5166
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
July 29, 2026
Mr. Blumenthal (for himself and Mr. Booker) 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 2026''.
(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-package labeling for
foods.
Sec. 3. Claims for conventional foods.
Sec. 4. Use of specific terms.
Sec. 5. Format of ingredient list.
Sec. 6. Modernization of ingredient list.
Sec. 7. Caffeine content on information panel.
Sec. 8. Food allergen labeling.
Sec. 9. Information about major food allergens and gluten-containing
grains.
Sec. 10. Submission and availability of food label information.
Sec. 11. Standards of identity.
Sec. 12. Study on fortification of corn masa flour.
Sec. 13. Sugar alcohols and isolated fibers.
Sec. 14. Infant and toddler beverages.
Sec. 15. Formatting of information on principal display panels.
Sec. 16. Sale of food online.
Sec. 17. Definitions.
Sec. 18. Regulations; delayed applicability.
SEC. 2. ADDITIONAL REQUIREMENTS FOR FRONT-OF-PACKAGE LABELING FOR
FOODS.
(a) Front-of-Package Labeling Requirements.--Section 403(q) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) is amended--
(1) in subparagraph (3), by striking ``and (2)'' and
inserting ``(2), and (6)'';
(2) in subparagraph (4)(A), by striking ``and (2)'' and
inserting ``(2), and (6)'';
(3) in subparagraph (5)(A), in the matter preceding
subclause (i), by striking ``and (4)'' and inserting ``(4), and
(5)''; and
(4) by adding at the end the following:
``(6)(A) Except as provided in subparagraphs (3), (4), and (5), if
it is a food intended for human consumption and is offered for sale,
unless it bears front-of-package labeling that includes the following:
``(i) An icon on the top half of the principal display
panel that details and identifies high amounts of added sugars,
sodium, or saturated fat, as applicable. Such principal display
panel shall include a separate label for each such nutrient, as
applicable. Such labels shall designate high amounts of added
sugars, sodium, or saturated fat based on Daily Reference
Values for adults, children ages 1 to 3, and infants through
age 12 months, as applicable. Such labels shall include the
words `High in' and a conspicuous exclamation point icon.
``(ii) If a food contains non-nutritive sweeteners, the
following statement on the principal display panel: `Contains
non-nutritive sweeteners. Not recommended for children.'. Such
statement shall appear adjacent to the one or more `High in'
labels described in clause (i), if applicable.
``(B) The labeling requirements described in subclauses (i) and
(ii) of clause (A) shall apply to foods, other than infant formula,
that are represented or purported to be specifically for infants
through 12 months of age and children 1 through 3 years of age, in
addition to applying to foods represented or purported to be for
adults.
``(C) In carrying out clauses (A) and (B), the Secretary shall
establish Daily Reference Values and percent Daily Values for added
sugars, sodium, and saturated fat for infants through 12 months of age
and update the Daily Reference Values and percent Daily Values for
added sugars, sodium, and saturated fat for children 1 through 3 years
of age in alignment with the recommendations in the 2020-2025 Dietary
Guidelines for Americans published by the Secretary and the Secretary
of Agriculture.''.
(b) Percentage of Wheat and Grains in Grain-Based Products, and
Amount of Real Fruit, Vegetable, and Yogurt in Products Bearing Fruit,
Vegetable, and Yogurt Claims.--Section 403 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z) If, in the case of food other than a dietary supplement, the
principal display panel bears--
``(1) the term `whole wheat', `whole grain', `made with
whole grain', or `multigrain';
``(2) a declaration of the whole grain content by weight;
``(3) the term `wheat' on a wheat bread, pasta, or similar
product that is typically made from wheat; or
``(4) 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.
``(aa)(1) If, in the case of food other than a dietary supplement,
the principal display panel bears--
``(A) the term `fruit', `fruity', `froot', `frooty', or `fruit-
flavored';
``(B) representations, depictions, or images of fruit ingredients;
or
``(C) 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.
``(2) The Secretary shall by regulation establish quantities below
which such declaration shall state that a serving of the food does not
contain a full serving of fruit.
``(3) 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.
``(bb)(1) If, in the case of food other than a dietary supplement,
the principal display panel bears--
``(A) the term `vegetable' or `veggie';
``(B) representations, depictions, or images of vegetable
ingredients; or
``(C) 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.
``(2) The Secretary shall by regulation establish quantities below
which such declaration shall state that a serving of the food does not
contain a full serving of vegetable.
``(3) 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.
``(cc)(1) If, in the case of food other than a dietary supplement,
the principal display panel bears the term `yogurt', unless--
``(A) 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
``(B) the first ingredient is cultured milk, cultured
cream, cultured partially skimmed milk, or cultured skim milk.
``(2) The Secretary shall by regulation establish quantities below
which such declaration shall state that a serving of the food does not
contain a full serving of yogurt.''.
(c) Coloring and Flavoring.--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:
``(dd) 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).''.
(d) Report on Sweeteners.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that--
(A) evaluates whether--
(i) manufacturers have increased the use of
low- and no-calorie sweeteners; and
(ii) the use of low- and no-calorie
sweeteners has risen to a level that could
result in negative health consequences; and
(B) describes actions that will be taken by the
Secretary to address any increased use of low- and no-
calorie sweeteners.
(2) Monitoring.--On completion of the report described in
paragraph (1), the Secretary shall--
(A) periodically monitor for increased use of low-
and no-calorie sweeteners; and
(B) take action to address the use of low- and no-
calorie sweeteners if the use has risen to a level that
could result in negative health consequences.
(e) Construction.--Nothing in this section, including any amendment
made by this section, shall be construed as--
(1) 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
(2) 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) Health-Related Claims.--
(1) In general.--Section 403(r)(1)(B) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(r)(1)(B)) is amended by
inserting after ``health-related condition'' the following: ``,
describes the effect that a nutrient may have on the structure
or function of the human body, characterizes the documented
mechanism by which that nutrient acts to maintain such
structure or function, or describes general well-being from
consumption of that nutrient,''.
(2) Substantiation of claim.--Section 403(r) of the 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 subparagraph
(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.''.
(3) Incompatible with maintaining healthy dietary
practices.--Section 403(r)(3)(A)(ii) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(r)(2)(B)) is amended by
striking ``increases to persons in the general population the
risk of a disease or health-related condition which is diet
related'' and inserting ``may not be compatible with
maintaining healthy dietary practices''.
(b) Nutrient Content Claims.--
(1) In general.--Section 403(r)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(r)(2)) is amended by
striking clause (B) and inserting the following:
``(B) If a claim described in subparagraph (1)(A) is made with
respect to a nutrient in a food and the Secretary makes a determination
that the food contains a nutrient at a level that may not be compatible
with maintaining healthy dietary practices, the label or labeling of
such food shall contain, prominently and in immediate proximity to such
claim, a statement which indicates the food is high in such
nutrient.''.
(2) Revisions to regulations.--In promulgating the
regulations required by section 18, the Secretary of Health and
Human Services shall revise section 101.13(h) of title 21, Code
of Federal Regulations, by--
(A) updating the level of sodium requiring
disclosure to align with the Daily Reference Value for
sodium established in the final rule entitled ``Food
Labeling: Revision of the Nutrition and Supplement
Facts Labels'' published by the Food and Drug
Administration on May 27, 2016 (81 Fed. Reg. 33741);
(B) including a level of added sugars requiring
disclosure based on the Daily Reference Value for added
sugars established in the final rule described in
subparagraph (A);
(C) eliminating the requirement that meal products
containing more than 26 grams of fat and main dish
products containing 19.5 grams of fat per labeled
serving must disclose that fat is present in the food;
and
(D) authorizing the use of express and implied
``low added sugar'' claims on products containing 3
grams of added sugars or less per reference amount
customarily consumed (or per 50 grams if the reference
amount customarily consumed is 30 grams or less or 2
tablespoons or less).
(c) Trans Fats.--Section 403(r)(2)(A) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(r)(2)(A)) is amended--
(1) by redesignating subclauses (v) and (vi) as subclauses
(vi) and (vii), respectively; and
(2) 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, except on the Nutrition Facts Panel, 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,''.
(d) Added Sugars.--Not more than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services shall
promulgate a final rule revising section 101.14 of title 21, Code of
Federal Regulations, to include a disqualifying nutrient level for
added sugars.
SEC. 4. USE OF SPECIFIC TERMS.
(a) Use of the Terms ``Non-UPF'', ``Non-ultraprocessed'', ``Not
UPF'', and ``Not Ultraprocessed''.--
(1) In general.--In promulgating the regulations required
by section 18, the Secretary of Health and Human Services shall
include regulations--
(A) relating to use of the terms ``non-UPF'',
``non-ultraprocessed'', ``not UPF'', and ``not
ultraprocessed'' on the label of food, including
addressing what each such term does and does not mean
in terms of ingredients and manufacturing processes;
and
(B) specifically addressing the use of such term on
the principal display panel and the information panel.
(2) Definitions.--The regulations promulgated pursuant to
paragraph (1) shall define the terms ``non-UPF'', ``non-
ultraprocessed'', ``not UPF'', and ``not-ultraprocessed'' to
exclude, at a minimum--
(A) foods that do not meet the definition of
``healthy'' at section 101.65 (d)(3) of title 21, Code
of Federal Regulations (or any successor regulations);
and
(B) dietary supplements.
(b) Use of the Term ``Natural''.--
(1) In general.--In promulgating the regulations required
by section 18, the Secretary of Health and Human Services shall
include regulations--
(A) relating to use of the term ``natural'' on the
labeling of food (other than a dietary supplement);
(B) specifically addressing the use of such term on
the principal display panel and the information panel;
and
(C) requiring that any such use includes a
prominent disclosure explaining what the term
``natural'' does and does not mean in terms of
ingredients and manufacturing processes.
(2) Definition.--The regulations promulgated pursuant to
paragraph (1) shall define the term ``natural''--
(A) to exclude, at a minimum, the use of any
artificial food or ingredient (including any artificial
flavor or added color); and
(B) based on data, including data on consumers'
understanding of the term as used in connection with
food.
(3) Process.--In promulgating the regulations required by
paragraph (1), the Secretary of Health and Human Services
shall--
(A) conduct consumer surveys and studies and issue
a timely call for relevant public submissions regarding
relevant consumer research, including with respect to
consumer understanding of the term ``natural'' in
relation to the term ``organic''; and
(B) fully consider the results of such surveys and
studies, as well as such public submissions.
SEC. 5. FORMAT OF INGREDIENT LIST.
(a) In General.--In promulgating the regulations required by
section 18, 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))--
(1) for the purpose of improving the readability of such
information on the label of the food (other than a dietary
supplement); and
(2) that are, as determined by the Secretary, necessary to
assist consumers in maintaining healthy dietary practices.
(b) Format Requirements.--The format requirements described in
subsection (a) shall include requirements for font size, uppercase and
lowercase 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.
(c) Enforcement of Ingredient List.--Not later than 2 years after
the enactment of this Act, and every 2 years thereafter, the Secretary
of Health and Human Services shall submit a report to Congress on the
Secretary's enforcement of--
(1) section 403(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 343(i)), including with respect to the
regulations described in subsection (a); and
(2) regulations of the Food and Drug Administration on
labeling of ingredients in section 101.4 of title 21, Code of
Federal Regulations.
SEC. 6. MODERNIZATION OF INGREDIENT LIST.
(a) Phosphorus.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343), as amended by section 2(c), is further
amended by adding at the end the following:
``(ee) If it is a food intended for human consumption that is
offered for sale and contains phosphorus, unless--
``(1) the phrase `contains phosphorus', along with the
quantity of phosphorus in the product, reported in milligrams
per serving, is printed immediately after or is adjacent to the
list of ingredients required under paragraphs (g) and (i), in a
type size no smaller than the type size used in the list of
ingredients; or
``(2) the quantity of phosphorus contained in the product,
in milligrams, is reported in the Nutrition Facts Panel.''.
(b) Full Ingredient Disclosure.--Section 403(i) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 343(i)) is amended--
(1) by striking ``, and (2) in case'' and inserting ``; (2)
in the case that'';
(2) by striking ``and if the food purports'' and inserting
``; (3) if the food purports;''; and
(3) by striking ``except that spices, flavorings, and
colors not required to be certified under section 721(c) unless
sold as spices, flavorings, or such colors, may be designated
as spices, flavorings, and colorings without naming each'' and
inserting ``(4) in the case that the label uses the terms
`natural flavor', `natural flavoring', `artificial flavor',
`artificial flavoring', `spice', or `spices' in its ingredient
list, a parenthetical listing each specific substance included
with respect to that term, except that, if such parenthetical
lists more than 10 substances, or if the food is sold in a
package with 40 square inches or less of total surface area
available for labeling, the food may bear a scannable QR code
linking to a website or other remote electronic written medium
with a full ingredient list, accompanied by text stating: `Scan
for details on', followed by the term or terms necessitating
such QR code; and''.
SEC. 7. CAFFEINE CONTENT ON INFORMATION PANEL.
Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(i)), as amended by section 6, is further amended by
inserting before the period at the end of the first sentence the
following: ``; and (5) 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. FOOD ALLERGEN LABELING.
(a) In General.--Section 201(qq) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(qq)) is amended by adding at the end the
following:
``(3) Any other food or food ingredient that the Secretary
determines by regulation to be a major food allergen, based on
the prevalence and severity of allergic reactions to the food
ingredient.''.
(b) Update to Compliance Policy Guide.--Not later than 2 years
after the date of enactment of this Act, the Secretary of Health and
Human Services shall update the Food and Drug Administration's
Compliance Policy Guide, section 555.250, to conform with applicable
laws related to major food allergens and gluten-containing grains,
including requirements under sections 9 and 10 of this Act.
SEC. 9. INFORMATION ABOUT MAJOR FOOD ALLERGENS AND GLUTEN-CONTAINING
GRAINS.
(a) In General.--Section 403(w) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343(w)) is amended--
(1) in subparagraph (1)--
(A) in the matter preceding clause (A), by
inserting ``or gluten-containing grain'' after ``major
food allergen'';
(B) in clause (A)--
(i) by inserting ``or gluten-containing
grain'' after ``major food allergen''; and
(ii) by striking ``is printed immediately
after or is adjacent to the list of ingredients
(in a type size no smaller than the type size
used in the list of ingredients) required under
subsections (g) and (i)'' and inserting ``is
printed as specified in subparagraph (8)''; and
(C) in clause (B)--
(i) in the matter preceding subclause (i)--
(I) by inserting ``or gluten-
containing grain'' after ``of the major
food allergen'';
(II) by striking ``in the list of
ingredients required under subsections
(g) and (i)'' and inserting ``as so
printed''; and
(III) by inserting ``or gluten-
containing grain'' before ``is
derived,'';
(ii) in subclause (i), by inserting ``or
gluten-containing grain'' before ``is
derived''; and
(iii) in subclause (ii)--
(I) by inserting ``or gluten-
containing grain'' before ``is
derived''; and
(II) by striking ``not a major food
allergen under section 201(qq)(2)(A) or
(B).'' and inserting the following:
``not--
``(I) a major food allergen under
clause (A) or (B) of section
201(qq)(2); or
``(II) a gluten-containing
grain.'';
(2) in subparagraph (3), by striking ``The information''
and inserting ``Subject to subparagraph (8)(B), the
information'';
(3) in subparagraph (4), by inserting ``or gluten-
containing grain'' after ``major food allergen'';
(4) in subparagraph (7)(A), in the matter preceding
subclause (i), by striking ``paragraph (6)'' and inserting
``subparagraph (6)''; and
(5) by adding at the end of the following:
``(8) The information required by subparagraph (1) to be conveyed
to the consumer shall be--
``(A) printed immediately after or adjacent to the list of
ingredients (in a type size no smaller than the type size used
in the list of ingredients) required under paragraphs (g) and
(i); or
``(B) in the case of nonpackaged food being offered for
sale at retail, and not subject to the requirements under
paragraph (g) and (i), place on a sign adjacent to the food (in
a type size no smaller than the name of the food item).''.
(b) Hazard Analysis and Preventive Controls.--Section 418 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) is amended--
(1) in subsection (b)(1)(A), by inserting ``gluten-
containing grains,'' after ``allergens,''; and
(2) in subsection (o)(3)(D), by inserting ``and gluten-
containing grain'' after ``allergen,''.
(c) Inspections Relating to Food Allergens.--Section 205 of the
Food Allergen Labeling and Consumer Protection Act of 2004 (21 U.S.C.
374a) is amended by inserting ``and gluten-containing grains,'' after
``allergens'' each place it appears.
SEC. 10. SUBMISSION AND AVAILABILITY OF FOOD LABEL INFORMATION.
The Federal Food, Drug, and Cosmetic Act is amended by inserting
after section 403C of such Act (21 U.S.C. 343--3) the following:
``SEC. 403D. SUBMISSION AND AVAILABILITY OF FOOD LABEL INFORMATION.
``(a) Submissions.--
``(1) Requirement.--The Secretary shall require the
manufacturer or importer of any food that is introduced or
delivered for introduction into interstate commerce in package
form to submit to the Secretary all information to be included
in the label of the food, including--
``(A) the nutrition facts panel;
``(B) the ingredients list;
``(C) an image of the principal display panel;
``(D) major allergens and gluten-containing grains;
``(E) claims under section 403(r)(1)(A) (commonly
known as `nutrient-content claims');
``(F) claims under section 403(r)(1)(B) (commonly
known as `health-related claims'); and
``(G) other relevant information required by law to
be published in the labeling of the food.
``(2) Updates.--The Secretary shall require the
manufacturer or importer of food to update or supplement the
information submitted under paragraph (1) with respect to the
food in order to keep the information up-to-date and complete.
``(3) Civil penalty.--Whoever knowingly violates paragraph
(1) with respect to any food shall be liable to the United
States for a civil penalty in an amount not to exceed $10,000
for each day on which such violation continues with respect to
such food.
``(b) Public Database.--The Secretary shall establish and maintain
a public database containing the information submitted under this
section that--
``(1) is available to the public through the website of the
Food and Drug Administration; and
``(2) allows members of the public to easily search and
sort information.''.
SEC. 11. STANDARDS OF IDENTITY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Health and Human Services shall--
(1) review standards of identity prescribed by regulation
which require foods to contain--
(A) minimum levels of nutrients that the Secretary
determines are strongly associated with public health
concerns; or
(B) minimum levels of ingredients containing high
levels of such nutrients; and
(2) report to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate on the findings of
such review.
(b) Amendments.--In promulgating the regulations required by
section 18, the Secretary of Health and Human Services shall amend
standards of identity regulations to--
(1) provide for the use of salt substitutes where
appropriate; and
(2) require that yogurt, lowfat yogurt, and nonfat yogurt
contain a minimum level of live and active cultures per gram.
SEC. 12. STUDY ON FORTIFICATION OF CORN MASA FLOUR.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Health and Human Services shall submit a report to
Congress on the effect of the final rule titled ``Food Additives
Permitted for Direct Addition to Food for Human Consumption; Folic
Acid'' published by the Food and Drug Administration on April 15, 2016
(81 Fed. Reg. 22176) on folic acid intake in the United States
population by race and ethnicity, comparing actual exposure with
modeled exposure estimates from the final rule.
SEC. 13. SUGAR ALCOHOLS AND ISOLATED FIBERS.
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343), as amended by section 6, is further amended by adding at the end
the following:
``(ff) If it is a food intended for human consumption that is
offered for sale and contains allulose, polydextrose, sugar alcohols,
or isolated fibers, unless such fact is prominently stated on the
principal display panel of the packaging of the food. The Secretary
shall by regulation establish quantities above which such labeling
shall include a warning that the food contains a level of allulose,
polydextrose, sugar alcohols, or isolated fibers per serving determined
by the Secretary to cause deleterious health effects.''.
SEC. 14. INFANT AND TODDLER BEVERAGES.
In promulgating the regulations required by section 18, the
Secretary of Health and Human Services shall revise--
(1) section 101.3 of title 21, Code of Federal Regulations,
to prohibit any beverage in powder or liquid form, other than
infant formula, represented or purported to be for use by
children more than 12 months old, from being identified as
``infant formula'' or use the term ``formula'' in combination
with any other term; and
(2) part 102 of title 21, Code of Federal Regulations, so
that--
(A) in the case of any powdered or liquid milk-
based beverage that claims to be for consumption by
children 12 to 36 months of age, such beverage shall--
(i) use as its common or usual name a
descriptive term such as ``milk-based drink'';
and
(ii) if the beverage contains added sugars,
nonnutritive sweeteners, or flavorings, include
in such common or usual name a qualifying term
such as ``sweetened'' or ``flavored'';
(B) in the case of any powdered or liquid nondairy-
milk-based beverage that claims to be for consumption
by children 12 to 36 months of age, such beverage
shall--
(i) use as its common or usual name an
appropriately descriptive term identifying the
source of protein, such as ``soy-based drink
powder for 12-36 month olds''; and
(ii) if the beverage contains added sugars,
nonnutritive sweeteners, or flavorings, include
in such common or usual name qualifying terms
such as ``sweetened'' and ``flavored'' when
applicable; and
(C) the labeling of a beverage described in
subparagraph (A) or (B) shall--
(i) contain a disclaimer that--
(I) cautions against consumption of
the beverage by infants, such as ``Do
not serve to infants under 12 months
old''; and
(II) such beverages are not
recommended for children 12 to 24
months of age and such consumption of
such beverages is not required for a
healthy diet, such as ``This product
contains added sugars. The Dietary
Guidelines for Americans recommend to
avoid food and beverages with added
sugars for children younger than 24
months of age.''; and
(ii) not contain any statement suggesting a
recommended intake of such beverages, such as
``one cup a day''.
SEC. 15. FORMATTING OF INFORMATION ON PRINCIPAL DISPLAY PANELS.
The Secretary of Health and Human Services shall--
(1) not later than 2 years after the date of enactment of
this Act, conduct a study on the legibility of food labeling to
determine updated recommendations for text size and color
contrast that make food labeling information visually
accessible to the majority of consumers;
(2) not later than 1 year after the completion of the study
under paragraph (1), issue proposed regulations revising
section 101.2(c) of title 21, Code of Federal Regulations, to--
(A) set the scale of text size, taking into
consideration the results of the study conducted under
paragraph (1); and
(B) establish new requirements for text and
background color contrast, taking into consideration
the results of the study conducted under paragraph (1);
and
(3) not later than 2 years after the completion of the
study under paragraph (1), finalize such proposed regulations.
SEC. 16. SALE OF FOOD ONLINE.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343), as amended by section 13, is further
amended by adding at the end the following:
``(gg)(1) If it is a food intended for human consumption and is
offered for sale online or by other remote written electronic means,
unless the following requirements are met:
``(A) The following information is available to consumers
at the point of selection prior to purchasing the food, through
a publicly available website or other remote electronic written
means:
``(i) The information required to be included in a
food label pursuant to paragraph (e)(2).
``(ii) The nutrition information required in a food
label under paragraph (q), in the same format as
required under paragraph (q) and subject to clause (C).
``(iii) The ingredient information required under
paragraphs (g), (i), (k), and (s), provided that if
formulations of the food containing different
ingredients or nutrition information required under
paragraph (q)(1) may be substituted under the same
offer for sale--
``(I) in immediate proximity to the text or
image disclosing the ingredient list or
nutrition information required under such
paragraph(q)(1), the following statement shall
appear: `There are multiple versions of this
product. Please review ingredients and
nutrition facts for each version prior to
purchase.'; and
``(II) all versions of the ingredients or
nutrition information required to be included
on a label or labeling under paragraph (q)(1)
presenting such different ingredients or
nutrition information shall be available to
consumers prior to purchasing the food.
``(iv) The information required under paragraphs
(w) and (x).
``(v) The information required to appear on the
principal display panel (as defined in section 101.1 of
title 21, Code of Federal Regulations (or successor
regulations)).
``(B)(i) The manufacturer, processor, or distributor of the
food makes the information described in subclauses (i) through
(v) of clause (A) available, through a publicly available
website or other remote electronic written means.
``(ii) With respect to any updates to the information
required to be made available by a manufacturer, processor, or
distributor pursuant to subclause (i), such updates shall be
made available prior to the food being introduced or delivered
for introduction into commerce.
``(C) The information required under clauses (A) and (B)
may be provided as text or by publishing images of the product
label.
``(D) For purposes of clauses (A) and (B), the nutrition
information required under paragraph (q), the ingredient
information required under paragraphs (g), (i), (k), and (s),
and the allergen information required under paragraphs (w) and
(x) shall--
``(i) be easily accessible on the first screen
containing information about the product appearing on a
mobile device, internet website, or other landing page;
and
``(ii) appear prominently and conspicuously (as
compared with other words, statements, or designs on
the mobile device, website, or other landing page) so
as to render the information likely to be read and
understood by the ordinary individual under customary
conditions of online purchase.
``(2)(A) A food shall be exempt from the requirements of this
paragraph to the extent the food is otherwise exempt from a labeling
requirement under paragraph (q)(5), section 405(2), or another
provision of this chapter.
``(B) The requirements of this paragraph shall be subject to any
exemptions and variations as are applicable under this section.''.
(b) Exemption for Penalties.--Section 303(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(d)) is amended--
(1) by striking ``No person'' and inserting the following:
``(d)(1) No person''; and
(2) by adding at the end the following:
``(2) No person offering a product for sale online or by other
remote electronic written means shall be subject to the penalties of
subsection (a)(1) of this section for a violation of section 301
involving misbranded food if the violation exists solely because the
food is misbranded under section 403(gg) due to omission or
inaccuracies in the information required under section 403(gg)(1), if
such omission or inaccuracies were replicated from the product
label.''.
SEC. 17. DEFINITIONS.
(a) Definitions Applicable in This Act.--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).
(b) Definitions Applicable in the Federal Food, Drug, and Cosmetic
Act.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321) is amended by adding at the end the following:
``(tt) The term `artificial', with respect to food or any
ingredient of food, means--
``(1) food or an ingredient that is synthetically produced
whether or not it has the same chemical structure as a
naturally occurring food or ingredient;
``(2) food or an ingredient that has undergone chemical
changes through the introduction of synthetic chemicals or
processing aids (such as corn syrup, high-fructose corn syrup,
high-maltose corn syrup, maltodextrin, chemically modified
starch, and cocoa processed with alkali), excluding--
``(A) food or an ingredient 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 or an ingredient 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 food or ingredient that the Secretary specifies
by regulation to be artificial for purposes of this Act.
``(uu) The term `synthetic', with respect to a substance in food or
any ingredient of food, means a substance that is formulated or
manufactured by a chemical process or by a process that chemically
changes a substance extracted from a naturally occurring plant, animal,
or mineral source, except that such term does not apply to a substance
created by naturally occurring biological processes.
``(vv) The term `gluten-containing grains' means any one of the
following grains (or any crossbred hybrid thereof):
``(1) Wheat, including any species belonging to the genus
Triticum.
``(2) Rye, including any species belonging to the genus
Secale.
``(3) Barley, including any species belonging to the genus
Hordeum.
``(ww) The term `gluten' means the proteins that--
``(1) naturally occur in a gluten-containing grain; and
``(2) may cause adverse health effects in persons with
celiac disease.
``(xx) The term `online' means on or by any system of data
communication and transmission, such as the internet.
``(yy) The term `online point of selection' means any space in
which consumers are allowed to purchase food online, including
websites, e-commerce platforms, web applications, and mobile
applications.''.
SEC. 18. REGULATIONS; DELAYED APPLICABILITY.
(a) Regulations.--
(1) Proposed regulations.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Health
and Human Services, acting through the Commissioner of
Food and Drugs, shall issue proposed regulations to
carry out sections 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14,
16, and 17(b) and the amendments made by such sections.
(B) Front-of-package labeling for foods.--Not later
than 180 days after the date of enactment of this Act,
the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall issue
proposed regulations to carry out section 2, including
the amendments made by such section.
(2) Final regulations.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall finalize the regulations proposed pursuant to
paragraph (1).
(3) Failure to issue final regulation.--If the Secretary of
Health and Human Services does not issue a final regulation as
required by paragraph (2) by the deadline specified in such
paragraph, the corresponding proposed regulation shall become
final on such deadline.
(4) Special rule with respect to certain front-of-package
labeling requirements.--
(A) In general.--If the Secretary determines that
establishing Daily Reference Values and percent Daily
Values as described in section 403(q)(6)(C) of the
Federal Food, Drug, and Cosmetic Act, as amended by
section 2(a), for inclusion in the final rule as
required by paragraph (2) would prevent the issuance of
such final rule by the deadline described in such
subsection, the Secretary shall issue such final rule
before establishing such Daily Reference Values and
percent Daily Values.
(B) Subsequent revision to rule.--If the Secretary
finalizes the rule as described in described in section
403(q)(6)(C) of the Federal Food, Drug, and Cosmetic
Act, as amended by section 2(a) before establishing
Daily Reference Values and percent Daily Values, as
described in subparagraph (A), the Secretary, as soon
as practicable after establishing such Daily Reference
Values and percent Daily Values, shall revise such
final rule to include such Daily Reference Values and
percent Daily Values.
(b) Delayed Applicability.--The amendments made by sections 2, 3,
4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) apply beginning on the
date that is 3 years after the date of enactment of this Act.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Sen. Blumenthal, Richard [D-CT]DSenateCT
Cosponsors
Votes
Voting records are not yet available for this bill.