124 STAT. 574 PUBLIC LAW 111–148—MAR. 23, 2010
contained in the standard menu item, as usually prepared
and offered for sale; and
‘‘(bb) a succinct statement concerning suggested daily
caloric intake, as specified by the Secretary by regulation
and posted prominently on the menu and designed to
enable the public to understand, in the context of a total
daily diet, the significance of the caloric information that
is provided on the menu;
‘‘(II)(aa) in a nutrient content disclosure statement
adjacent to the name of the standard menu item, so as
to be clearly associated with the standard menu item,
on the menu board, including a drive-through menu board,
the number of calories contained in the standard menu
item, as usually prepared and offered for sale; and
‘‘(bb) a succinct statement concerning suggested daily
caloric intake, as specified by the Secretary by regulation
and posted prominently on the menu board, designed to
enable the public to understand, in the context of a total
daily diet, the significance of the nutrition information
that is provided on the menu board;
‘‘(III) in a written form, available on the premises of the
restaurant or similar retail establishment and to the consumer
upon request, the nutrition information required under clauses
(C) and (D) of subparagraph (1); and
‘‘(IV) on the menu or menu board, a prominent, clear,
and conspicuous statement regarding the availability of the
information described in item (III).
‘‘(iii) S
ELF
-
SERVICE FOOD AND FOOD ON DISPLAY
.—Except
as provided in subclause (vii), in the case of food sold at a
salad bar, buffet line, cafeteria line, or similar self-service
facility, and for self-service beverages or food that is on display
and that is visible to customers, a restaurant or similar retail
food establishment shall place adjacent to each food offered
a sign that lists calories per displayed food item or per serving.
‘‘(iv) R
EASONABLE BASIS
.—For the purposes of this clause,
a restaurant or similar retail food establishment shall have
a reasonable basis for its nutrient content disclosures, including
nutrient databases, cookbooks, laboratory analyses, and other
reasonable means, as described in section 101.10 of title 21,
Code of Federal Regulations (or any successor regulation) or
in a related guidance of the Food and Drug Administration.
‘‘(v) M
ENU VARIABILITY AND COMBINATION MEALS
.—The Sec-
retary shall establish by regulation standards for determining
and disclosing the nutrient content for standard menu items
that come in different flavors, varieties, or combinations, but
which are listed as a single menu item, such as soft drinks,
ice cream, pizza, doughnuts, or children’s combination meals,
through means determined by the Secretary, including ranges,
averages, or other methods.
‘‘(vi) A
DDITIONAL INFORMATION
.—If the Secretary deter-
mines that a nutrient, other than a nutrient required under
subclause (ii)(III), should be disclosed for the purpose of pro-
viding information to assist consumers in maintaining healthy
dietary practices, the Secretary may require, by regulation,
disclosure of such nutrient in the written form required under
subclause (ii)(III).
‘‘(vii) N
ONAPPLICABILITY TO CERTAIN FOOD
.—
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