Nutrition Labeling and Education Act of 1990

Summary

Nutrition Labeling and Education Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to deem a food misbranded unless its label states: (1) the serving size or other unit of measure customarily used; (2) the number of servings or other units per container; (3) the number of calories per serving and derived from total fat and saturated fat; and (4) the amount of total fat, saturated fat, unsaturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, total protein, and dietary fiber per serving or other unit. Authorizes the Secretary of Health and Human Services, if there is a significant scientific basis, to: (1) require additional nutrients to be included in the labeling; or (2) exempt nutrients from the labeling requirement. Requires, for raw agricultural commodities or raw fish or shellfish, that the nutritional information be provided in a single location in the areas in which such items are offered for sale. Directs the Secretary to exempt types of such items which are infrequently consumed. Exempts from the labeling requirements food: (1) sold for immediate consumption in restaurants, or sold to restaurants for sale or use in restaurants; (2) processed and prepared in a retail establishment and not for immediate consumption in the establishment; (3) including certain infant formulas; (4) which is a medical food; (5) which is customarily processed, labeled, or repacked in substantial quantities at establishments other than those where it was originally processed or packed; (6) in packages so small that the information would be illegible; (7) which contains insignificant amounts of all the nutrients and does not make any claim with respect to the nutritional value of the food; and (8) sold by certain small businesses. Requires certain vitamins and minerals to include nutrient information in their labeling as appropriate and as specified by the Secretary. Directs the Secretary to undertake to contract with the National Academy of Sciences (NAS) to prepare a report making recommendations regarding the manner of the labeling. Directs the Secretary to determine whether any of the nutrients required to be placed on labels before enactment of this Act shall be required under provisions of this Act. Directs the Secretary to carry out consumer education regarding nutrition labeling. Sets forth the circumstances under which nutrition and health claims may and may not be made for foods. Allows proceedings for the enforcement, or to restrain violations, of the amendments made by this Act to be brought in the name of a State in which the food that is the subject of the proceedings is located (in addition to the existing authorization to bring such actions to enforce the FDCA in the name of the United States). Declares that a food which makes a claim which characterizes the relationship of its constituents to a disease or a condition in accordance with the requirements of this Act is not, solely because of such claim, a drug under specified provisions of FDCA. Prohibits a State or its subdivision from establishing or continuing in effect any: (1) nutrition labeling requirement that differs from the requirements of this Act; or (2) prohibition respecting any label health claim which differs from the requirements of this Act. Provides for exemption petitions by States if a State or local requirement would not unduly burden interstate commerce, and if other conditions are met.

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Documents

11 official files

• Reported in House (text)

  Reported in House · EN

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• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Enrolled Bill (text)

  Enrolled Bill · EN

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• Engrossed in House (text)

  Engrossed in House · EN

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• Engrossed Amendment Senate (text)

  Engrossed Amendment Senate · EN

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• Public Law (PDF)

  Public Law · EN · 9 November 1990

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• Passed Senate amended

  summary · EN · 24 October 1990

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• Passed House amended

  summary · EN · 30 July 1990

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• Reported to House with amendment(s)

  summary · EN · 13 June 1990

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• Introduced in House

  summary · EN · 31 October 1989

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