Requirements for front-of-package labeling for foods

(a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary) shall finalize the proposed rule entitled Food Labeling: Front-of-Package Nutrition Information (90 Fed. Reg. 5426 (January 16, 2025)). (b) Requirements (1) In general The final rule required by subsection (a) shall require a food (as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f))) intended for human consumption and offered for sale to bear nutrition labeling that includes the following: (A) A label on 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 years, and infants through age 12 months, as applicable. Such labels shall include the words High in and a conspicuous exclamation point icon. (B) If applicable, a statement on the principle display panel that declares that the food contains non-nutritive sweeteners, with a factual statement that non-nutritive sweeteners are not recommended for children. Such statement shall appear adjacent to the one or more High in labels described in subparagraph (A), if applicable. (2) Application to foods for children Notwithstanding section 101.9(j)(5) of title 21, Code of Federal Regulations (as in effect on the date of enactment of this Act), the labeling requirements described in subparagraphs (A) and (B) of paragraph (1) 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. (c) Daily Reference Values and percent Daily Values (1) In general In carrying out subsections (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. (2) No delay in finalizing rule (A) In general If the Secretary determines that establishing Daily Reference Values and percent Daily Values as described in paragraph (1) for inclusion in the final rule required by subsection (a) 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) Revisions If the Secretary finalizes the rule as required by subsection (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. (d) Limitation Nothing in this section or in the final rule required by subsection (a) shall prevent the Secretary from revising paragraph (4) of section 101.61(b) of title 21, Code of Federal Regulations, to update the limit for the low sodium nutrient content claim to 115 milligrams per reference amount customarily consumed or paragraph (5) of such section to update the limit for the low sodium nutrient content claim to 115 milligrams per 100 grams, to align with current nutrition science.