THE DAILY WHIP: FRIDAY, FEBRUARY 12, 2016

H.R. 2017 – Common Sense Nutrition Disclosure Act (Rep. McMorris Rodgers – Energy and Commerce) (One hour of debate).  This bill would amend the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to revise its rule regarding the nutritional information that chain restaurants and similar retail food establishments must disclose to their consumers.  The underlying menu labeling requirement was established as part of the Affordable Care Act (ACA), and final regulations were issued in December 2014.  The bill would replace the FDA rule requirement that restaurant and retail establishments list the calories associated with the standard menu item and instead give them flexibility to choose among several different ways of displaying calorie information: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) a calorie count for individual items in a multi-serving item that is typically divided before it is given or sold to the consumer. 

H.R. 2017 would also change the rules for food establishments in which a majority of consumers place orders remotely or off the premises, such as pizza shops, to allow those companies to post the required caloric and nutritional information online rather than in the store.  The bill would prohibit civil suits for noncompliance with federal state or local menu labeling rules and require the FDA to give restaurants ninety days to correct violations before imposing penalties.  The bill also allows greater flexibility in the placement of calorie information within the store, as well as flexibility in labeling caloric totals associated with food items when customers are able to add or mix ingredients, such as toppings or flavors.  Lastly, the bill blocks the underlying rule from taking effect until at least two years after promulgation of final regulations making the revisions required by the bill, effectively delaying the menu labeling requirements for at least two additional years.  Members are urged to VOTE NO.

The Rule, which was adopted yesterday, makes in order 3 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

McMorris Rodgers/Cardenas Amendment. Ensures that businesses will not be penalized for inadvertent human error in preparation or variation of ingredients.
DeSaulnier Amendment. Maintains current state's rights to enforce their menu labeling laws.
Schrader Amendment. Strikes the "off-premises" ordering exception from the underlying bill.

Bill Text for H.R. 2017:
PDF Version

Background for H.R. 2017:
House Report (HTML Version)
House Report (PDF Version)

Suspension (1 bill)

1. Senate Amendment to H.R. 757– North Korea Sanctions Enforcement Act of 2016 (Rep. Royce – Foreign Affairs).  The measure strengthens and expands existing sanctions against North Korea.  The bill specifically: (1) sanctions entities found to be aiding North Korea’s weapons of mass destruction (WMD) proliferation or arms sales or engaging in luxury goods trade; (2) requires enhanced inspections of ships and aircraft arriving from ports and airports that fail to meet international obligations to inspect North Korean cargo; and (3) holds North Korean officials accountable for human rights abuses and cybersecurity attacks.  The Senate amended the House passed bill by adding key human rights and cybersecurity-related sanctions.  The Senate amendment also directs the State Department to develop a strategy to promote human rights in North Korea and calls for increased warnings to the U.S. citizens planning to travel to North Korea. The House previously passed H.R.757 with unanimous Democratic support on January 12, 2016.  That vote can be found HERE.  The Senate Amendment to H.R. 757 passed on Feb. 10^th by a vote of 96-0.