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US Laws | Affordable Health Care Act (HR3950F)
Subtitle C--Creating Healthier Communities

"(bb) specify the format and manner of the nutrient content disclosure requirements under this subclause. (7074)

"(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. (7075)

"(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." (7076)

(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)". (7077)

(d) Rule of Construction- Nothing in the amendments made by this section shall be construed-- (7078)

(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 subsection (a)(4) of such section; (7079)

(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 (7080)

(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. (7081)


Section 330 of the Public Health Service Act (42 U.S.C. 245b) is amended by adding at the end the following: (7083)

"(s) Demonstration Program for Individualized Wellness Plans- (7084)

"(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 factors for preventable conditions as identified by a comprehensive risk-factor assessment. (7085)

"(2) AGREEMENTS- The Secretary shall enter into agreements with not more than 10 community health centers funded under this section to conduct activities under the pilot program under paragraph (1). (7086)

"(3) WELLNESS PLANS- (7087)

"(A) IN GENERAL- An individualized wellness plan prepared under the pilot program under this subsection may include one or more of the following as appropriate to the individual"s identified risk factors: (7088)

"(i) Nutritional counseling. (7089)

"(ii) A physical activity plan. (7090)

"(iii) Alcohol and smoking cessation counseling and services. (7091)

"(iv) Stress management. (7092)

"(v) Dietary supplements that have health claims approved by the Secretary. (7093)

"(vi) Compliance assistance provided by a community health center employee. (7094)

"(B) RISK FACTORS- Wellness plan risk factors shall include-- (7095)

"(i) weight; (7096)

"(ii) tobacco and alcohol use; (7097)

"(iii) exercise rates; (7098)

"(iv) nutritional status; and (7099)

"(v) blood pressure. (7100)

"(C) COMPARISONS- Individualized wellness plans shall make comparisons between the individual involved and a control group of individuals with respect to the risk factors described in subparagraph (B). (7101)

"(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection, such sums as may be necessary.". (7102)


Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: (7104)

"(r)(1) An employer shall provide-- (7105)

"(A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child"s birth each time such employee has need to express the milk; and (7106)

"(B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. (7107)

"(2) An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose. (7108)

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