Misbranding of food in case of 5 percent deviation of nutrient value

(a) In general Section 403(q)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(2)) is amended by adding at the end the following: (C) If the Secretary determines that, with respect to the value for nutrients required by subparagraph (1)(C), (1)(D), or (1)(E) to appear in the label or labeling of food subject to subparagraph (1), the nutrient content of the composite is greater than 5 percent in excess of the value for that nutrient declared on the label, such food shall be treated as misbranded under this section.. (b) Regulations Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall revise regulations under section 101.9 of title 21, Code of Federal Regulations (as in effect on January 1, 2026), to reflect the amendment made by subsection (a) of this section.