Vending should be allowed to operate under „„(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.” Vending operators often sell food and beverages which could fall under this section. For example, cold and hot “drop cup” vending machines are similar to fountain drinks. Hot oatmeal vending machines allow customers to add or subtract flavors and ingredients. Coffee vending machines allow customers a wide variety of flavors, brew strength, serving size and sweeteners. Such flexibility in vending regulations should be allowed to accommodate individual preferences, similar to that which will be allowed for restaurants.
Vending should be allowed to operate under „„(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.”
Vending uses condiments which are often attached to vended sandwiches and salads. Vending machines often serve temporary menu items such as seasonal fruits, seasonal / regional favorites and snacks which may be used in test marketing. Vending should be allowed the same exemptions as restaurants.