124 STAT. 575 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(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 cal- endar 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. ‘‘(II) WRITTEN FORMS.—Subparagraph (5)(C) shall apply to any regulations promulgated under subclauses (ii)(III) and (vi). ‘‘(viii) VENDING MACHINES.— ‘‘(I) IN GENERAL.—In the case of an article of food sold from a vending machine that— ‘‘(aa) does not permit a prospective purchaser to examine the Nutrition Facts Panel before purchasing the article or does not otherwise provide visible nutri- tion information at the point of purchase; and ‘‘(bb) 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. ‘‘(ix) VOLUNTARY PROVISION OF NUTRITION INFORMATION.— ‘‘(I) IN GENERAL.—An authorized official of any res- taurant or similar retail food establishment or vending machine operator not subject to the requirements of this clause may elect to be subject to the requirements of such clause, by registering biannually the name and address of such restaurant or similar retail food establishment or vending machine operator with the Secretary, as specified by the Secretary by regulation. ‘‘(II) REGISTRATION.—Within 120 days of enactment of this clause, the Secretary shall publish a notice in the Federal Register specifying the terms and conditions for implementation of item (I), pending promulgation of regula- tions. ‘‘(III) RULE OF CONSTRUCTION.—Nothing in this sub- clause shall be construed to authorize the Secretary to require an application, review, or licensing process for any entity to register with the Secretary, as described in such item. ‘‘(x) REGULATIONS.— ‘‘(I) PROPOSED REGULATION.—Not later than 1 year after the date of enactment of this clause, the Secretary shall promulgate proposed regulations to carry out this clause. ‘‘(II) CONTENTS.—In promulgating regulations, the Sec- retary shall— ‘‘(aa) consider standardization of recipes and methods of preparation, reasonable variation in serving Deadline. Deadline. Notice. Federal Register, publication. Applicability.
