House passes bill to ease menu labeling rules under ObamaCare

House passes bill to ease menu labeling rules under ObamaCare
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The House passed legislation Tuesday to ease the ObamaCare rule that requires restaurants, convenience stores and supermarkets to list the calorie count of each menu item before it’s set to take effect in May.

The Common Sense Nutrition Disclosure Act, introduced by Rep. Cathy McMorris RodgersCathy McMorris RodgersRepublicans question NBC over coverage of Beijing Olympics Hillicon Valley — Biden's misinformation warning Lawmakers call on tech firms to take threat of suicide site seriously, limit its visibility MORE (R-Wash.) and Tony Cárdenas (D-Calif.), passed, 266-157, with the support of 32 Democrats.

The legislation keeps business owners from having to provide calorie counts for every possible variation of a sandwich, salad or slice of pizza. Instead, sandwich shops and pizza chains could give a calorie range, base the calorie count on how the item is commonly ordered or list the number of calories per serving.

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The bill also allows restaurants to post calorie information online instead of on a menu board inside a store if the majority of orders are placed online, and it provides a 90-day window for businesses to correct any violations.

The Affordable Care Act requirements, which are set to take effect May 7 and apply to food service establishments with 20 or more locations, have been criticized by conservatives as overly burdensome for businesses.  

“This bill was drafted to address the challenges of an overly prescriptive, one-size-fits-all approach to regulation affecting a very, very diverse industry," said Rep. Fred UptonFrederick (Fred) Stephen UptonThe fates of the 10 House Republicans who voted to impeach Trump House Republican, Democrat say political environment on Capitol Hill is 'toxic' Sunday show preview: Omicron surges, and Harris sits for extensive interview MORE (R-Mich.). “We need to make sure the law works for all food establishments."

But Democrats say the legislation will allow businesses to hide calorie information online and mislead consumers by creating arbitrary serving sizes for foods meant to be eaten by one person in one sitting.

Rep. Jan SchakowskyJanice (Jan) Danoff SchakowskyEnergy & Environment — Biden confident in separate climate funds US not considering gas export ban, official says Hillicon Valley — Dems press privacy groups over kids' safety MORE (D-Ill.) called the bill unnecessary. 

“At a time when our country is facing an obesity epidemic, I would say really a crisis, we should not be undermining efforts to educate consumers about the nutritional value of foods, including calories,” she said. 

GOP lawmakers claim business owners will be subject to criminal penalties for failing to comply with the new requirements enforced by the Food and Drug Administration (FDA).

Food labeling that doesn’t meet the new requirements, Upton said, would be deemed misbranded and under U.S. code, the liable party could be imprisoned for up to a year, fined up to $1,000 or both.

“Under FDA’s framework merely adding that extra olive or pepperoni is going to render the calorie content on the menu misleading and the chef then becomes criminal? Come on,” Upton said.

But Rep. Rosa DeLauroRosa DeLauroFiscal spending deadline nears while lawmakers face pressure to strike deal Negotiators report progress toward 2022 spending deal Republicans must join us to give Capitol Police funding certainty  MORE (D-Conn.) accused GOP lawmakers of lying about the potential penalties for those who violate the new rules.

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“Menu labeling will be subject to the exact same mechanisms and penalties as those for packaged foods. FDA has maintained its commitment to compliance, outreach and education, has waived enforcement for the first year and additionally, numerous state and local governments have menu labeling requirements and not one chain restaurant has faced criminal liability," she said.

“Once again misinformation is being distributed by the majority,” she said.

Sen. Roy BluntRoy Dean BluntThere is a bipartisan path forward on election and voter protections These Senate seats are up for election in 2022 Swalwell slams House Republican for touting funding in bill she voted down MORE (R-Mo.) has offered a companion bill in the Senate. Of the 16 co-sponsors who have signed onto that legislation, three are moderate Democrats up for reelection this year — Sens. Heidi HeitkampMary (Heidi) Kathryn HeitkampDemocratic ex-senators join pro-gas organization 11 former Democratic senators call for 'meaningful reform to Senate rules' Harry Reid, political pugilist and longtime Senate majority leader, dies MORE (N.D.), Joe DonnellyJoseph (Joe) Simon DonnellyFormer Sen. Donnelly confirmed as Vatican ambassador Biden to have audience with pope, attend G20 summit Biden taps former Indiana Sen. Donnelly as ambassador to Vatican MORE (Ind.) and Claire McCaskeill (Mo.).

But the bill needs the support of at least nine Democrats to pass the Senate, where there's a slim Republican majority of 51-49.