Bill Text: NY S06386 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sets nutrition standards for restaurants distributing incentive items aimed at children.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-04 - PRINT NUMBER 6386A [S06386 Detail]

Download: New_York-2011-S06386-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6386
                                   I N  S E N A T E
                                   February 2, 2012
                                      ___________
       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 restaurants distributing incentive items aimed at chil-
         dren
         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-d to read as follows:
    3    S 1352-D. INCENTIVE ITEMS WITH RESTAURANT FOOD. 1. FOR THE PURPOSES OF
    4  THIS SECTION, THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
    5    A. "INCENTIVE ITEM" SHALL MEAN ANY TOY, GAME, TRADING CARD,  ADMISSION
    6  TICKET  OR  OTHER  CONSUMER  PRODUCT,  WHETHER PHYSICAL OR DIGITAL, WITH
    7  PARTICULAR APPEAL TO CHILDREN, WHICH IS PROVIDED DIRECTLY BY THE RESTAU-
    8  RANT, OR ANY COUPON, VOUCHER, TICKET, TOKEN, CODE OR PASSWORD  WHICH  IS
    9  PROVIDED  DIRECTLY  BY  THE  RESTAURANT  AND IS REDEEMABLE FOR OR GRANTS
   10  DIGITAL OR OTHER ACCESS TO ANY TOY, GAME, TRADING CARD, ADMISSION  TICK-
   11  ET, OR OTHER CONSUMER PRODUCT WITH PARTICULAR APPEAL TO 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. A RESTAURANT MAY OFFER AN INCENTIVE ITEM IN  COMBINATION  WITH  THE
   21  PURCHASE  OF  A  MEAL  ONLY  IF THE MEAL MEETS THE FOLLOWING NUTRITIONAL
   22  STANDARDS:
   23    A. LESS THAN FIVE HUNDRED CALORIES;
   24    B. LESS THAN SIX HUNDRED MILLIGRAMS OF SODIUM;
   25    C. LESS THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES  FROM  FAT,  EXCEPT
   26  FOR FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT BUTTER;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11079-02-2
       S. 6386                             2
    1    D. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS, EXCEPT
    2  FOR  SATURATED FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT
    3  BUTTER;
    4    E.  LESS  THAN  TEN PERCENT OF TOTAL CALORIES FROM ADDED SUGARS AND/OR
    5  CALORIC SWEETENERS;
    6    F. CONTAINS ONE HALF CUP OF FRUITS OR VEGETABLES  OR  ONE  SERVING  OF
    7  WHOLE-GRAIN PRODUCTS; AND
    8    G. A BEVERAGE, IF INCLUDED, THAT MEETS THE CRITERIA SPECIFIED IN PARA-
    9  GRAPH E OF THIS SUBDIVISION.
   10    3.  A  RESTAURANT  MAY OFFER AN INCENTIVE ITEM IN COMBINATION WITH THE
   11  PURCHASE OF A SINGLE FOOD ITEM ONLY IF THE SINGLE FOOD  ITEM  MEETS  THE
   12  FOLLOWING NUTRITIONAL STANDARDS:
   13    A. LESS THAN TWO HUNDRED CALORIES;
   14    B. LESS THAN TWO HUNDRED MILLIGRAMS OF SODIUM;
   15    C.  LESS  THAN  THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT, EXCEPT
   16  FOR FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT BUTTER;
   17    D. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS, EXCEPT
   18  FOR SATURATED FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER  NUT
   19  BUTTER;
   20    E.  LESS  THAN  TEN PERCENT OF TOTAL CALORIES FROM ADDED SUGARS AND/OR
   21  CALORIC SWEETENERS; AND
   22    F. CONTAINS ONE HALF CUP OF FRUITS OR VEGETABLES  OR  ONE  SERVING  OF
   23  WHOLE-GRAIN PRODUCTS.
   24    4.  A  RESTAURANT  MAY OFFER AN INCENTIVE ITEM IN COMBINATION WITH THE
   25  PURCHASE OF A BEVERAGE ONLY IF THE BEVERAGE MEETS THE  FOLLOWING  NUTRI-
   26  TIONAL STANDARDS:
   27    A. LESS THAN ONE HUNDRED FIFTY CALORIES;
   28    B. LESS THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
   29    C. LESS THAN FIFTEEN PERCENT OF TOTAL CALORIES FROM SATURATED FAT;
   30    D.  LESS  THAN  TEN PERCENT OF TOTAL CALORIES FROM ADDED SUGARS AND/OR
   31  CALORIC SWEETENERS;
   32    E. NO ADDED NON-NUTRITIVE SWEETENERS;
   33    F. NO CAFFEINE, WITH THE  EXCEPTION  OF  TRACE  AMOUNTS  OF  NATURALLY
   34  OCCURRING CAFFEINE SUBSTANCES.
   35    5. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION SHALL
   36  BE  LIABLE  FOR A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED DOLLARS NOR
   37  MORE THAN FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION THEREOF;  NOT  LESS
   38  THAN  FIVE  HUNDRED  DOLLARS  NOR  MORE  THAN ONE THOUSAND DOLLARS FOR A
   39  SECOND VIOLATION THEREOF; AND NOT LESS THAN  ONE  THOUSAND  DOLLARS  NOR
   40  MORE  THAN  TWO  THOUSAND FIVE HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT
   41  VIOLATION THEREOF.
   42    S 2. This act shall take effect on the one hundred twentieth day after
   43  it shall have become a law.