Additional requirements for front-of-package labeling for foods

(a) Front-of-Package labeling requirements Section 403(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) is amended— (1) in subparagraph (3), by striking and (2) and inserting (2), and (6); (2) in subparagraph (4)(A), by striking and (2) and inserting (2), and (6); (3) in subparagraph (5)(A), in the matter preceding subclause (i), by striking and (4) and inserting (4), and (5); and (4) by adding at the end the following: (6) (A) Except as provided in subparagraphs (3), (4), and (5), if it is a food intended for human consumption and is offered for sale, unless it bears front-of-package labeling that includes the following: (i) An icon on the top half of 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, and infants through age 12 months, as applicable. Such labels shall include the words High in and a conspicuous exclamation point icon. (ii) If a food contains non-nutritive sweeteners, the following statement on the principal display panel: Contains non-nutritive sweeteners. Not recommended for children.. Such statement shall appear adjacent to the one or more High in labels described in clause (i), if applicable. (B) The labeling requirements described in subclauses (i) and (ii) of clause (A) 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, in addition to applying to foods represented or purported to be for adults. (C) In carrying out clauses (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.. (b) Percentage of wheat and grains in grain-Based products, and amount of real fruit, vegetable, and yogurt in products bearing fruit, vegetable, and yogurt claims Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: (z) If, in the case of food other than a dietary supplement, the principal display panel bears— (1) the term whole wheat, whole grain, made with whole grain, or multigrain; (2) a declaration of the whole grain content by weight; (3) the term wheat on a wheat bread, pasta, or similar product that is typically made from wheat; or (4) any similar descriptive phrases, terms, or representations suggesting the product contains whole grains, unless the amounts of whole grains and refined grains, expressed as a percentage of total grains, are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase, term, or representation using a font color and formatting of equivalent prominence to the descriptive phrase, term, or representation with respect to whole grain content, or unless 100 percent of the grains in the food are whole grains. (aa) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term fruit, fruity, froot, frooty, or fruit-flavored; (B) representations, depictions, or images of fruit ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains fruit or any specific type of fruit, unless the quantity per serving and form of fruit, including only the nutrient-dense forms, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of fruit. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that a serving of the food does not contain a full serving of fruit. (3) In this paragraph, the term nutrient-dense, with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (bb) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term vegetable or veggie; (B) representations, depictions, or images of vegetable ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains vegetables or any specific type of vegetable, unless the quantity per serving and form of vegetable, including only the nutrient-dense form, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of vegetable. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that a serving of the food does not contain a full serving of vegetable. (3) In this paragraph, the term nutrient-dense, with respect to the form of an ingredient derived from a vegetable, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (cc) (1) If, in the case of food other than a dietary supplement, the principal display panel bears the term yogurt, unless— (A) the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or (B) the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that a serving of the food does not contain a full serving of yogurt.. (c) Coloring and flavoring Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b), is further amended by adding at the end the following: (dd) If, in the case of food other than a dietary supplement, it bears or contains any artificial dye, or any added artificial or natural flavoring, unless such fact is prominently stated on the principal display panel of the packaging of the food. For the purposes of this paragraph, the term artificial dye refers to a batch-certified dye certified under part 74 of title 21, Code of Federal Regulations (or any successor regulations).. (d) Report on sweeteners (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (A) evaluates whether— (i) manufacturers have increased the use of low- and no-calorie sweeteners; and (ii) the use of low- and no-calorie sweeteners has risen to a level that could result in negative health consequences; and (B) describes actions that will be taken by the Secretary to address any increased use of low- and no-calorie sweeteners. (2) Monitoring On completion of the report described in paragraph (1), the Secretary shall— (A) periodically monitor for increased use of low- and no-calorie sweeteners; and (B) take action to address the use of low- and no-calorie sweeteners if the use has risen to a level that could result in negative health consequences. (e) Construction Nothing in this section, including any amendment made by this section, shall be construed as— (1) affecting any requirement in regulation in effect as of the date of the enactment of this Act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section; or (2) restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel.