Page:United States Statutes at Large Volume 124.djvu/602

 124 STAT. 576 PUBLIC LAW 111–148—MAR. 23, 2010 size and formulation of menu items, space on menus and menu boards, inadvertent human error, training of food service workers, variations in ingredients, and other factors, as the Secretary determines; and ‘‘(bb) specify the format and manner of the nutrient content disclosure requirements under this subclause. ‘‘(III) REPORTING.—The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a quarterly report that describes the Secretary’s progress toward promulgating final regulations under this subparagraph. ‘‘(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.’’ (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 con- tent 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 subsection (a)(4) of such section; (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 establish- ment other than a restaurant or similar retail food establish- ment described in section 403(q)(5)(H)(i) of such Act. SEC. 4206. DEMONSTRATION PROJECT CONCERNING INDIVIDUALIZED WELLNESS PLAN. Section 330 of the Public Health Service Act (42 U.S.C. 245b) is amended by adding at the end the following: ‘‘(s) DEMONSTRATION PROGRAM FOR INDIVIDUALIZED WELLNESS PLANS.— ‘‘(1) IN GENERAL.—The Secretary shall establish a pilot program to test the impact of providing at-risk populations who utilize community health centers funded under this section an individualized wellness plan that is designed to reduce risk 21 USC 343 note.