Bill Text: NY S05981 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Sets nutrition standards for restaurant meals targeting children.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S05981 Detail]

Download: New_York-2019-S05981-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5981

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation to setting  nutrition
          standards for restaurant meals targeting children

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  1352-f to read as follows:
     3    § 1352-f. Restaurant meals targeting children.  1. For the purposes of
     4  this section, the following terms shall be defined as follows:
     5    a.  "Targeting  children"  shall mean an action or actions designed to
     6  make a meal, food, or beverage offered  for  purchase  by  a  restaurant
     7  appeal  to children. Such actions shall include, but are not limited to,
     8  the presence of a meal, food or beverage on a menu designated as a kids'
     9  menu or a menu otherwise designed for children.  The commissioner  shall
    10  promulgate  rules  and  regulations  regarding  what  actions constitute
    11  targeting children.
    12    b. "Meal" shall mean any combination of food and drink  items  offered
    13  together for a single price.
    14    c.  "Restaurant"  shall mean any coffee shop, cafeteria, luncheonette,
    15  sandwich stand, diner, short order cafe, fast food  establishment,  soda
    16  fountain, and any other eating or beverage establishment, which gives or
    17  offers  for  sale  food  or beverages to the public, guests, members, or
    18  patrons, whether food or beverages are customarily consumed  on  or  off
    19  the premises.
    20    2.  The  commissioner  shall make regulations establishing nutritional
    21  standards for meals, food items, and beverages targeting  children  that
    22  may be offered for purchase in combination by a restaurant. A restaurant
    23  may offer the purchase of a meal, food item, or beverage targeting chil-
    24  dren, only if the meal, food item, or beverage, meets nutritional stand-
    25  ards  established  by  the  commissioner under this section. Nutritional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11639-02-9
        S. 5981                             2

     1  standards under this section shall  include  but  are  not  limited  to:
     2  calories;  sodium;  percentage of calories from fat (which may differen-
     3  tiate among kinds or sources of fat); sugars and caloric sweeteners; and
     4  fruits, vegetables, and grains.
     5    3. Any person who violates any of the provisions of this section shall
     6  be  liable for a civil penalty of up to five hundred dollars for a first
     7  violation thereof; up to one thousand dollars  for  a  second  violation
     8  thereof;  and  up  to  two  thousand five hundred dollars for a third or
     9  subsequent violation thereof.
    10    § 2. This act shall take effect one year after it shall have become  a
    11  law.