Sale of food online

(a) In general Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 13, is further amended by adding at the end the following: (gg) (1) If it is a food intended for human consumption and is offered for sale online or by other remote written electronic means, unless the following requirements are met: (A) The following information is available to consumers at the point of selection prior to purchasing the food, through a publicly available website or other remote electronic written means: (i) The information required to be included in a food label pursuant to paragraph (e)(2). (ii) The nutrition information required in a food label under paragraph (q), in the same format as required under paragraph (q) and subject to clause (C). (iii) The ingredient information required under paragraphs (g), (i), (k), and (s), provided that if formulations of the food containing different ingredients or nutrition information required under paragraph (q)(1) may be substituted under the same offer for sale— (I) in immediate proximity to the text or image disclosing the ingredient list or nutrition information required under such paragraph(q)(1), the following statement shall appear: There are multiple versions of this product. Please review ingredients and nutrition facts for each version prior to purchase.; and (II) all versions of the ingredients or nutrition information required to be included on a label or labeling under paragraph (q)(1) presenting such different ingredients or nutrition information shall be available to consumers prior to purchasing the food. (iv) The information required under paragraphs (w) and (x). (v) The information required to appear on the principal display panel (as defined in section 101.1 of title 21, Code of Federal Regulations (or successor regulations)). (B) (i) The manufacturer, processor, or distributor of the food makes the information described in subclauses (i) through (v) of clause (A) available, through a publicly available website or other remote electronic written means. (ii) With respect to any updates to the information required to be made available by a manufacturer, processor, or distributor pursuant to subclause (i), such updates shall be made available prior to the food being introduced or delivered for introduction into commerce. (C) The information required under clauses (A) and (B) may be provided as text or by publishing images of the product label. (D) For purposes of clauses (A) and (B), the nutrition information required under paragraph (q), the ingredient information required under paragraphs (g), (i), (k), and (s), and the allergen information required under paragraphs (w) and (x) shall— (i) be easily accessible on the first screen containing information about the product appearing on a mobile device, internet website, or other landing page; and (ii) appear prominently and conspicuously (as compared with other words, statements, or designs on the mobile device, website, or other landing page) so as to render the information likely to be read and understood by the ordinary individual under customary conditions of online purchase. (2) (A) A food shall be exempt from the requirements of this paragraph to the extent the food is otherwise exempt from a labeling requirement under paragraph (q)(5), section 405(2), or another provision of this chapter. (B) The requirements of this paragraph shall be subject to any exemptions and variations as are applicable under this section.. (b) Exemption for penalties Section 303(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(d)) is amended— (1) by striking No person and inserting the following: (d)(1) No person; and (2) by adding at the end the following: (2) No person offering a product for sale online or by other remote electronic written means shall be subject to the penalties of subsection (a)(1) of this section for a violation of section 301 involving misbranded food if the violation exists solely because the food is misbranded under section 403(gg) due to omission or inaccuracies in the information required under section 403(gg)(1), if such omission or inaccuracies were replicated from the product label..