Lawmakers Propose Relief for Pizza Parlors From Calorie Count Rules

— -- The fight over calorie counts may reach your local pizzeria, with new legislation that could loosen federal regulations on menu calorie counts.

The bill introduced by Reps. Cathy McMorris Rodgers, R-Washington, and Loretta Sanchez, D-California, is intended to help smaller stores and restaurants have more guidance and clarity as to where calorie counts need to be listed and the serving size, the lawmakers said today.

Among those supporting the bill is the American Pizza Community, a coalition of pizza franchises lead by Domino's Pizza.

However, some health experts say the bill could loosen regulations and effectively keep consumers from understanding how many calories they're eating, either at their local pizza parlor or while getting a sandwich at a grocery store. The calorie count regulations affect restaurants that have at least 20 outlets and is required under the Affordable Care Act, a.k.a. Obamacare. The calorie count regulations are due to kick in on Dec. 1 of this year.

The proposed bill would allow restaurants where customers make most of their orders online or over the phone to solely change calorie counts on their website or primary menu board and not on every single flyer or handout. Additionally, a restaurant would have more leeway about how it presents calorie counts for menu items such as pizza, which can vary widely depending on different kinds of toppings.

It would also give an additional two years for affected outlets to meet regulations.

The U.S. Food and Drug Administration's "current approach would compel thousands of small-business owners to spend tens of millions of dollars maintaining in-store calorie-labeling information that 90 percent of customers, likely, will never use when placing an order,” Lynn Liddle, chair of the American Pizza Community and executive vice president of Domino’s, said in a statement. “Clearly, FDA does not appreciate that calorie information for the 34 million variations of a single pizza served by Domino’s does not fit on a traditional menu.”

The FDA told ABC News today that the agency would not comment specifically on the proposed legislation but clarified that the agency would continue to work with the pizza industry and other affected outlets before the labeling requirements take effect this December.

"The FDA included flexibility in the rule in response to pizza industry comments, such as allowing for the calorie labeling of individual slices and the grouping of toppings that have the same calorie amounts," an FDA spokeswoman said in a statement.

In addition to the pizza industry group, the bill is supported by the National Grocer Association and the National Association of Convenience Stores.

The APC and other supporters of the bill say the current FDA regulations as written can place an unfair burden on smaller franchise owners since they have to put up calorie counts on their menu board in addition to flyers or other handouts. The APC estimates that complying with the rules can cost a restaurant $4,000.

Experts say that the regulations will help consumers keep track of hidden calories and is necessary move in the fight against obesity.

Margo Wootan, director of national policy at the Center for Science and the Public Interest, said she was disappointed by the new bill and the American Pizza Community's support of the bill. Even though it does not solely pertain to pizza restaurants, Wootan said the bill would likely affect pizza-type chain restaurants more than others.

"Pizza is trying to position itself as being so different from other restaurants," Wootan told ABC News. "There’s all these different combinations of crusts and toppings." But restaurants that sell smoothies or sandwiches deal with similar issues, she noted.

Wootan said that there would likely be little cost or extra burden for restaurants to add calorie counts to their main menu even if most people order from a drive-through or over the phone. Restaurants could simply add a sticker to the existing board, Wootan noted, and if they have no main menu board they wouldn't need to add anything.

“Providing nutrition information inside a pizza restaurant is as easy as printing a menu at Kinkos,” said Wootan.

Tracy Fox, a member of the Society for Nutrition Education and Behavior Advisory Committee on Public Policy, said it is important that consumers have access to nutritional information where food is provided.

“While there will likely be a burden on eating establishments, the provisions in the Affordable Health Care Act applies to chain restaurants who are likely updating their menus and menu boards on a regular basis,” Fox said in a statement to ABC News. “Many establishments have already stepped up and provided consumers with important nutrition information, proving that it can be done. Why give a break to some?”

Lisa Cimperman, a Clinical Dietitian at University Hospitals Case Medical Center in Cleveland, said the menu counts may help customers be accountable for their diets. However, Cimperman said to help fight obesity in the U.S., a more holistic approach is needed and not just stopping at calorie counts.

"We’ve been so calorie obsessed in our culture," said Cimperman. "If we look at cultures that have long healthy lives, they eat when they’re hungry, they eat enough and are very active."