The Common Sense Nutrition Disclosure Act aims to reduce some menu labeling requirements.

A press conference this week on Capitol Hill advocated for legislation that would scale back the Food and Drug Administration’s (FDA) final menu labeling rules, which were released in late 2014.

The bi-partisan press conference, held by U.S. Representatives Cathy McMorris Rodgers (R-WA) and Loretta Sanchez (D-CA), on April 28, highlighted the introduction of the Common Sense Nutrition Disclosure Act of 2015 (H.R. 2017), a bill that the National Association of Convenience Stores (NACS) supports

Trade association representatives joined Representatives McMorris Rodgers and Sanchez for the conference.

NACS outlined some of the ways the legislation introduced by McMorris Rodgers and Sanchez would scale back the original bill. According to NACS, it would:

• Require covered establishments to only identify one menu in the store to include calorie information. Under the existing regulations every self-serve location and every area where food is display would need to include calorie information for every item sold there. The proposed legislation would permit stores to identify a single menu as the “primary menu” and, provided that menu complies with the requirements, stores would not need to include labeling in other areas of the store.

• Clarify that advertisements and posters do not need to be labeled.

• Provide flexibility in disclosing the caloric content for variable menu items that come in different flavors or varieties, and for combination meals.

• Ensure that retailers acting in good faith are not penalized for inadvertent errors in complying with the rule.

• Stipulate that individual store locations are not required to have an employee “certify” that the establishment has taken reasonable steps to comply with the menu labeling requirements. (This takes away the fear that store owners could be charged with violations or felonies).

• Provide stores 90 days to correct any alleged violation without facing enforcement action.

• Delay the date by which retailers must comply with the regulations for at least 2-3 years.

The legislation has been referred to the House Energy and Commerce Committee.