PUBLIC LAW 101-535—NOV. 8, 1990 104 STAT. 2353 Public Law 101-535 101st Congress An Act To amend the Federal Food, Drug, and Cosmetic Act to prescribe nutrition labeling Nov. 8, 1990 for foods, and for other purposes. [H.R. 3562] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Nutrition ' ° Labeling and SECTION 1. SHORT TITLE, REFERENCE. Education Act of 1990. (a) SHORT TITLE.—T h is Act may be cited as the "Nutrition Label- 21 USC 301 note, ing and Education Act of 1990". (b) REFERENCE.—Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act. SEC. 2. NUTRITION LABELING. (a) NUTRITION INFORMATION.— Section 403 (21 U.S.C. 343) is amended by adding at the end the following new paragraph: "(q)(1) Except as provided in subparagraphs (3), (4), and (5), if it is a food intended for human consumption and is offered for sale, unless its label or labeling bears nutrition information that provides— "(A)(i) the serving size which is an amount customarily consumed and which is expressed in a common household measure that is appropriate to the food, or "(ii) if the use of the food is not typically expressed in a serving size, the common household unit of measure that expresses the serving size of the food, "(B) the number of servings or other units of measure per container, "(C) the total number of calories— "(i) derived from any source, and "(ii) derived from the total fat, in each serving size or other unit of measure of the food, "(D) the amount of the following nutrients: Total fat, saturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, dietary fiber, and total protein contained in each serving size or other unit of measure, "(E) any vitamin, mineral, or other nutrient required to be placed on the label and labeling of food under this Act before October 1, 1990, if the Secretary determines that such information will assist consumers in maintaining healthy dietary practices. The Secretary may by regulation require any information required to be placed on the label or labeling by this subparagraph or subparagraph (2)(A) to be highlighted on the label or labeling by larger type, bold type, or contrasting color if the Secretary determines that such highlighting will assist consumers in maintaining healthy dietary practices. 49-139 O - 90 (535)
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