text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Common Sense Nutrition Disclosure 
  Act of 2012''.
  
  SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS, 
                SIMILAR RETAIL FOOD ESTABLISHMENTS, AND VENDING MACHINES.
  
      Section 403(q)(5)(H) of the Federal Food, Drug and Cosmetic Act (21 
  U.S.C. 343(q)(5)(H)) is amended--
              (1) in subclause (ii)--
                      (A) in item (I)(aa) by striking ``the number of 
                  calories contained in the standard menu item, as 
                  usually prepared and offered for sale'' and inserting 
                  ``the number of calories contained in the whole 
                  product, or the number of servings and number of 
                  calories per serving, or the number of calories per the 
                  common unit division of the product, such as for a 
                  multi-serving item that is typically divided before 
                  presentation to the consumer'';
                      (B) in item (II)(aa), by striking ``the number of 
                  calories contained in the standard menu item, as 
                  usually prepared and offered for sale'' and inserting 
                  ``the number of calories contained in the whole 
                  product, or the number of servings and number of 
                  calories per serving, or the number of calories per the 
                  common unit division of the product, such as for a 
                  multi-serving item that is typically divided before 
                  presentation to the consumer''; and
                      (C) by adding at the end the following flush text:
                          ``In the case of restaurants or similar retail 
                          food establishments where the majority of 
                          orders are placed by customers who are off-
                          premises at the time such order is placed, the 
                          information required to be disclosed under this 
                          subclause may be provided by a remote-access 
                          menu, such as one available on the internet, 
                          instead of an on-premises menu.'';
              (2) in subclause (iv)--
                      (A) by striking ``For the purposes of this 
                  clause,'', inserting the following (and indenting the 
                  text that follows appropriately):
                                      ``(I) In general.--For the purposes 
                                  of this clause,'';
                      (B) by striking ``and other reasonable means'' and 
                  inserting ``or other reasonable means''; and
                      (C) by adding at the end the following:
                                      ``(II) Reasonable basis defined.--
                                  For purposes of this subclause, with 
                                  respect to a nutrient disclosure, the 
                                  term `reasonable basis' means that the 
                                  nutrient disclosure is within 
                                  acceptable allowances for variation in 
                                  nutrient content. Such acceptable 
                                  allowances shall include allowances for 
                                  variation in serving size, inadvertent 
                                  human error in formulation of menu 
                                  items, and variations in 
                                  ingredients.'';
              (3) in subclause (v)--
                      (A) by inserting ``contained in the whole product, 
                  or the number of servings and information per serving, 
                  or the common unit division of the product, such as for 
                  a multi-serving item that is typically divided before 
                  presentation to the consumer,'' before ``that come in 
                  different flavors, varieties, or combinations,'';
                      (B) by striking ``, through means determined by the 
                  Secretary, including ranges, averages, or other 
                  methods''; and
                      (C) by adding at the end, after the period, the 
                  following: ``A restaurant or similar retail food 
                  establishment may determine and disclosure such content 
                  by using any of the following methods: ranges, 
                  averages, individual labeling of flavors or components; 
                  or labeling of one preset standard build. In addition 
                  to such methods, the Secretary may allow the use of 
                  other methods, to be determined by the Secretary, for 
                  which there is a reasonable basis (as such term is used 
                  in subclause (iv)).''; and
              (4) in subclause (xi)--
                      (A) in the heading, by striking ``Definition'' and 
                  inserting ``Definitions'';
                      (B) by striking ``clause, the term `menu''' and 
                  inserting the following (and indenting the text that 
                  follows appropriately): ``clause:
                                      ``(I) Menu; menu board.--The term 
                                  `menu'''; and
                      (C) by adding at the end the following: 
                                      ``(II) Preset standard build.--The 
                                  term `preset standard build' means the 
                                  finished version of a menu item most 
                                  commonly ordered by consumers.
                                      ``(III) Restaurant or similar 
                                  retail food establishment.--The term 
                                  `restaurant or similar retail food 
                                  establishment' means a retail food 
                                  establishment that derives more than 50 
                                  percent of its total revenue from the 
                                  sale of food of the type described in 
                                  subclause (i) or (ii) of clause (A).''.
target: Common Sense Nutrition Disclosure Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. Requires the nutrient content disclosure statement on the menu or menu board to include: (1) the number of calories contained in the whole product; (2) the number of servings and number of calories per serving; or (3) the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer. Permits such information to be provided by a remote-access menu, such as through the internet, for food establishments where the majority of orders are placed by customers who are off-premises at the time the order is placed.
  
  Defines “reasonable basis” for a restaurant or similar food establishment’s nutrient content disclosures to mean that the nutrient disclosure is within acceptable allowances for variation in nutrient content, which shall include allowances for variations in serving size, inadvertent human error in formulation of menu items, and variations in ingredients.
  
  Sets forth the methods a restaurant or similar food establishment may use to determine nutritional content for disclosure, including ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. Defines "preset standard build" as the finished version of a menu item most commonly ordered by consumers.
  
  Applies the nutritional disclosure requirements to retail food establishments that derive more than 50% of their total revenue from the sale of food.
feat_title: To amend section 403 of the Federal Food, Drug, and Cosmetic Act to improve and clarify certain disclosure requirements for restaurants, similar retail food establishments, and vending machines.