Common Sense Nutrition Disclosure Act of 2015

Floor Speech

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Mr. SCHRADER. Mr. Chairman, though I support efforts to clarify rules as they apply to consumers and small business, this bill, as currently constructed, creates an inequity in the industry by creating an exception for many menu labeling rules for certain establishments, particularly chain pizza shops and other restaurants that could potentially serve a majority of their customers via remote ordering.

While I have nothing against these businesses, I believe all restaurants should be treated equally. My amendment merely ensures that the rules are applied fairly by removing this exemption from the bill.

Under the terms of the bill, most chain restaurants will be required to list calories on menus at the point of purchase. However, pizza chains and other establishments where most orders could be placed off- site, will gain an exemption from this rule. They will not be required to list calories in their brick-and-mortar locations, even when orders are placed on-site. This is an inequitable and unfair exemption. While the vast majority of large chain restaurants will be required to list the calories in their physical location, these folks will not.

In addition to being unfair to businesses, it is also confusing to the consumers, whom we are actually trying to protect with this current bill. They will see calorie information when they place an order at one restaurant but not necessarily at their local pizza shop.

Opponents of the FDA rule argue the provision is necessary because pizza restaurants offer many menu items and will not be able to comply with the rule. This is simply not true. The FDA rule already allows some variation within menu labels and serving parameters. Generally, I agree that one size does not fit all when it comes to rulemaking for businesses, but not in this case.

The National Restaurant Association has indicated that most of their members are preparing to comply with the menu labeling rules. By all means, the FDA should assist these restaurants with proper guidance, but specifying an exemption to one segment of the industry is unfair, inequitable, and confusing to the consumer.

You might hear opponents of my amendment argue the exemption allows pizza chains to post calorie information online rather than in their physical locations. For these Members, I have good news. If my amendment is adopted, these restaurants will still be able to offer this information online. In fact, many restaurants already do so, and those businesses should be commended for their transparency.

Mr. Chairman, we don't need to add unfair and confusing exemptions to the difficult menu labeling rule we already have. The FDA has indicated a willingness to work with all affected to provide guidance and clarity to make compliance easier. This is what our businesses want and need.

I ask my colleagues to join me in assuring fairness for businesses and clarity for consumers. Please reject this bill--it is an unfair loophole--and vote ``yes'' on this amendment.
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Mr. SCHRADER. Mr. Chair, I yield 30 seconds to the gentlewoman from Illinois (Ms. Schakowsky), the ranking member.

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Mr. SCHRADER. Mr. Chairman, I appreciate the gentleman from Michigan's discussion. I want to assure him and everyone out there that the online ordering is still allowed under my amendment so that those people who have technology can do so.

But for seniors and some of our less-advantaged folks at home, they can go to the store and also get that information, which is not allowed under this current bill, but would be allowed under my amendment.

To the argument that there are too many combinations to be accounted for, the FDA does allow for flexibility in listing calories for menu items so they are accessible in different restaurant types. Pizza shops in locations like New York and Montgomery County, Maryland, already are complying with rules very similar to these.

Other restaurants have indicated a willingness to comply, including a national chain that sells coffee, doughnuts, and ice cream: Dunkin' Donuts, Baskin-Robbins. They serve 15,000 different ways of coffee, sandwiches 3,000 different ways, ice cream sundaes 80,000 different ways. They can comply under my amendment. Why can't everyone else?

The NRA itself, the National Restaurant Association, says it is critical that all businesses that have made the strategic decision to sell restaurant food play by the same rules.

Furthermore, they talk about that such provisions create inconsistent and erratic labeling by putting in these exemptions not only among restaurants, but among restaurants, food service operators, grocery stores, convenience stores, et cetera.

My amendment removes this unfair exemption. Very simple. Government should not be in the business of picking winners and losers in private enterprise. The same rules should apply to everybody.

Mr. Chair, I yield back the balance of my time.

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Mr. SCHRADER. Mr. Chairman, I demand a recorded vote.

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