Posted by Matt Hawes on 10/29/09 3:03 PM Last updated 10/29/09 3:33 PM   [Newer: Not your grandfather's Bill of Rights. Or anyone's for that matter.] [Older: "Doctors Speak Out Against Government Controlled Medicine"]

The plan announced by Nancy Pelosi earlier today totals 1,990 pages.  Her press conference centered on the usual talking points: affordability and access.

Thanks to N.S. for drawing my attention to page 1510, where that great monster standing in the way of affordability and access in health care reform is addressed: restaurant and vending machine food labels????

(I don't know if I want to find out what else is hidden in here.)

Sit down and grab a nutritous snack, because here are just some of the contents of only about eight pages of the bill.

Except for food described in subclause(vii), in the case of food that is a standard menu item that is offered for sale in a restaurant or similar retail food establishment that is part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership ofthe locations) and offering for sale substantially the same menu items, the restaurant or similar retail food establishment shall disclose the information described in subclauses (ii) and (iii).

‘‘(ii) INFORMATION REQUIRED TO BE DISCLOSED BY RESTAURANTS AND RETAIL FOOD ESTABLISHMENTS.-Except as provided in subclause (vii), the restaurant or similar retail food establishment shall disclose in a clear and conspicuous manner-

‘‘(I)(aa) in a nutrient content disclosure statement adjacent to the name of the standard menu item, so as to be clearly associated with the standard menu item, on the menu listing the item for sale, the number of calories contained in the standard menu item, as usually prepared and offered for sale; and

‘‘(bb) a succinct statement concerning suggested daily caloric intake, as specified by the Secretary by regulation and posted prominently on the menu and designed to enable the public to understand, in the context of a total daily diet, the significance of the caloric information that is provided on the menu;

‘‘(II)(aa) in a nutrient content disclosure statement adjacent to the name of the standard menu item, so as to be clearly associated with the standard menu item, on the menu board, including a drive-through menu board, the number of calories contained in the standard menu item, as usually prepared and offered for sale; and

‘‘(bb) a succinct statement concerning suggested daily caloric intake, as specified by the Secretary by regulation and posted prominently on the menu board, designed to enable the public to understand, in the context of a total daily diet, the significance of the nutrition information that is provided on the menu board;

‘‘(III) in a written form, available on the premises of the restaurant or similar retail establishment and to the consumer upon request,the nutrition information required under clauses (C) and (D) of subparagraph (1); and

‘‘(IV) on the menu or menu board, a prominent, clear, and conspicuous statement regarding the availability of the information described in item (III)....

Further on...

 ‘‘(iii) SELF-SERVICE FOOD AND FOOD ON DISPLAY.-Except as provided in subclause (vii), in the case of food sold at a salad bar, buffet line, cafeteria line, or similar self-service facility, and for self-service beverages or food that is on display and that is visible to customers, a restaurant or similar retail food establishment shall place adjacent to each food offered a sign that lists calories per displayed food item or per serving....

Still further...

 ‘‘(v) MENU VARIABILITY AND COMBINATION MEALS.-The Secretary shall establish by regulation standards for determining and disclosing the nutrient content for standard menu items that come in different flavors, varieties, or combinations, but which are listed as a single menu item, such as soft drinks, ice cream, pizza, doughnuts, or children's combination meals, through means determined by the Secretary, including ranges, averages, or other methods.

And this is supposed to cut down on government costs?  How much will we pay for bureaucrats to figure all this out?

What about this subclause vii we keep hearing about?

‘‘(vii) NONAPPLICABILITY TO CERTAIN FOOD.-
‘‘(I) IN GENERAL.-Subclauses (i) through (vi) do not apply to-

‘‘(aa) items that are not listed on a menu or menu board (such as condiments and other items placed on the table or counter for general use);

‘‘(bb) daily specials, temporary menu items appearing on the menu for less than 60 days per calendar year, or custom orders; or

‘‘(cc) such other food that is part of a customary market test appearing on the menu for less than 90 days, under terms and conditions established by the Secretary.

And now to the villian of villains in our health care system, the vending machine:

‘‘(viii) VENDING MACHINES.-In the case of an article of food sold from a vending machine that-

‘‘(I) does not permit a prospective purchaser to examine the Nutrition Facts Panel before purchasing the article or does not otherwise provide visible nutrition information at the point of purchase; and

‘‘(II) is operated by a person who is engaged in the business of owning or operating 20 or more vending machines, the vending machine operator shall provide a sign in close proximity to each article of food or the selection button that includes a clear and conspicuous
statement disclosing the number of calories contained in the article.

Let's get our definitions straight, just so there's no confusion:

‘‘(xi) DEFINITION.-In this clause, the term ‘menu' or ‘menu board' means the primary writing of the restaurant or other similar retail food establishment from which a consumer makes an order selection.''.

A PDF of the bill can be found here.

I encourage you to read the full section dealing with this.  Go to page 1510, section 2572 and keep reading until page 1519.

At the end, they attempt to put in a few qualifications:

(c) NATIONAL UNIFORMITY.-Section 403A(a)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(4)) is amended by striking ‘‘except a requirement for nutrition labeling of food which is exempt under subclause (i) or (ii) of section 403(q)(5)(A)'' and inserting ‘‘except that this paragraph does not apply to food that is offered for sale in a restaurant or similar retail food establishment that is not part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership of the locations) and offering for sale substantially the same menu items unless such restaurant or similar retail food establishment complies with the voluntary provision of nutrition information requirements under section 403(q)(5)(H)(ix)''.

(d) RULE OF CONSTRUCTION.-Nothing in the amendments made by this section shall be construed-
(1) to preempt any provision of State or local law, unless such provision establishes or continues into effect nutrient content disclosures of the type required under section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (b)) and is expressly preempted under section 403A(a)(4) of such Act;

(2) to apply to any State or local requirement respecting a statement in the labeling of food that provides for a warning concerning the safety of the food or component of the food; or (3) except as provided in section 403(q)(5)(H)(ix) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (b)), to apply to any restaurant or similar retail food establishment other than a restaurant or similar retail food establishment described in section 403(q)(5)(H)(i) of such Act.

A few things I take away from all this:

1.) No way legislators will be able to read this thing.

2.) I'm not impressed with the "20 and over" limit on these restaurants or vending machines.  Government starts grand and works as hard as it can to get the little guy too. 

3.) Wow.  Just wow.

Posted 10/29/09 3:09 PM pensotti Reno, NV

1990 pages thats not too bad, I'm sure our representatives will be able to read that in the 6 hours they get before they have to vote on it.

Posted 10/29/09 3:25 PM Ken from CT Milford, CT

Are you serious? are you serious!!

Posted 10/29/09 3:26 PM BruceKoerber Cedar Rapids, IA

http://undoingsocialism.blogspot.com/ Thursday, October 29, 2009 Economic Terrorism Even Attacks Vending Machines! Did you not know how dangerous it is to go to a vending machine to select a snack? It must be terribly dangerous, worthy of eight long pages of legal jargon designed to criminalize those who use vending machines and those who own them. This is what you have to look forward to with the health reform plan announced by Nancy Pelosi today. Under the lying guise of 'affordability and access' this massive bill (1,990 pages) of legal gobblely-gook takes away all human dignity and replaces it with empirically-driven oppression by socialistic fascists.

Posted 10/29/09 3:44 PM Thomas Woods Auburn, AL

I wish they'd just come out and say it: Americans, you are a bunch of stupid, ineducable boobs who are too blockheaded to realize that a triple cheeseburger with extra mayo, along with a large fry and a chocolate shake might be a teensy weensy beyond a sensible serving size. So from now on, everyone is to be treated as a three-year-old.

Posted 10/29/09 3:49 PM Ken from CT Milford, CT

Don't give em any ideas Tom, they just may introduce legislation to force you to read a nutritional paper every time you order a double Whopper. :)

Posted 10/29/09 9:22 PM B Rae C Grandview, TX

Lol, this is too much, lol, I can't take it anymore!!!!

Posted 10/30/09 07:30 AM redshirt Philadelphia, PA

Madness. Have we succeeded in electing a large number of psychotics to Congress? Honestly, what normal human being thinks the government should have this level of control over everyday affairs?

Posted 10/30/09 11:06 AM AuthenticAuthor Canutillo, TX

"(bb) a succinct statement concerning suggested daily caloric intake, as specified by the Secretary by regulation and posted prominently on the menu and designed to enable the public to understand, in the context of a total daily diet, the significance of the caloric information that is provided on the menu;" Translation: (bb) a blatant propaganda piece must be placed in plain view of the menu in order to scare Americans from eating more of the restaurant's food and to advertise Big Brother's love for us all. So now every time I go to CiCi's Pizza we're going to have a big warning label in the entrance telling us not to eat too much at the all-you-can-eat restaurant? What next, a "calorie tax"? Oh God, what have I done?!

Posted 10/30/09 11:37 AM CTLovesNathanHale Atlanta, GA

"Don't worry, slave, er, I mean citizen, Nanny Nancy is here to tell you what and how much to eat. Oh, and when the bell rings, you get to eat. Take your places at the trough..." "What's that? Pay no attention to the politicians in that 5 star restaurant sitting at that table with those lobbyists -- they are better than you and deserve to eat better."

Posted 10/30/09 3:51 PM JohnF Lake Mary, FL

This is unconstitutional and bad for the economy. Who is going to pay for all these new signs? Consumers. Congress has no right to do this. Are we to believe that seven words in the Constitution (To regulate commerce...among the several states) gives Congress the power to do something like THIS? If it doesn't protect us from this, then what does it protect us from? And I thought Congress could not get any stupider...

Posted 10/30/09 9:13 PM WJNorris Fresno, CA

This is an infraction against property rights. It serves no purpose other than to prove that stupidity knows no bounds.

Posted 10/31/09 04:46 AM svnty3stingray Santiago, Chile

I have worked in this industry my whole life, including hospital and clinic foodservice. Everyone already provides this information. Let us not forget that you must have the shellfish, undercooked meat possiblity disclaimer in almost every state by now. The real "center of the plate" protein in this healthcare is that we will all need to carry "papers" that we have basic heath insurance. This is another way to guarantee a form of tax revenue for every single citizen. If I have the money to travel to another country and pay cash for my medical needs, I should be free to do that. What is next, mandatory vitamins? The government scheduling my checkups?

Posted 11/01/09 4:32 PM cptteabag Logan, UT

Dr. Woods, I've felt like that since the beginning of my public education. Needless to say, the administrators didn't much care for my antics. JohnF and svnty3 are right. I shouldn't need to mention the fact that the nutritional information is on demand nearly everywhere because of pressure from consumers. The free market took care of it! STFU PELOSI! Can anyone else see her head spinning around like in "The Exorcist"?