S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8860
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation  to  requiring  chain
   restaurants to label menu items that have a high content of sodium
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 1356 to read as follows:
   §  1356.  CHAIN  RESTAURANTS;  SODIUM  CONTENT  OF  MENU ITEMS. 1. FOR
 PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   A.  "CHAIN RESTAURANT" SHALL MEAN A RESTAURANT WHICH IS ONE OF FIFTEEN
 OR MORE RESTAURANTS THAT ARE OPERATED UNDER THE SAME NAME  AT  DIFFERENT
 LOCATIONS  WITHIN THE STATE AND ARE OPERATED UNDER THE SAME OWNERSHIP OR
 BY FRANCHISE AGREEMENTS.
   B. "RESTAURANT" SHALL MEAN ANY COMMERCIAL EATING  ESTABLISHMENT  WHICH
 IS  DEVOTED,  WHOLLY  OR  IN  PART,  TO THE SALE OF FOOD FOR ON-PREMISES
 CONSUMPTION.
   2. EVERY CHAIN RESTAURANT OPERATING WITHIN THIS STATE SHALL  CAUSE  TO
 BE  PLACED  ON ITS MENUS A SALT-SHAKER-LIKE SYMBOL NEXT TO ANY FOOD ITEM
 THAT IS OFFERED FOR SALE BY SUCH RESTAURANT THAT CONTAINS MORE THAN  TWO
 THOUSAND  THREE  HUNDRED  MILLIGRAMS  OF  SODIUM.  SUCH MENUS SHALL ALSO
 CONTAIN A STATEMENT THAT THE PLACEMENT OF SUCH  SALT-SHAKER-LIKE  SYMBOL
 NEXT TO A MENU ITEM INDICATES THAT SUCH MENU ITEM CONTAINS MORE THAN TWO
 THOUSAND THREE HUNDRED MILLIGRAMS OF SODIUM.
   3.  ANY  CHAIN RESTAURANT THAT VIOLATES THE PROVISIONS OF THIS SECTION
 SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO  HUNDRED  FIFTY
 DOLLARS FOR EACH MENU THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION.
   §  2.  The provisions of this act shall not apply to chain restaurants
 located in any city with a population of one  million  or  more  on  and
 after  the  date  on  which  such  city, or any department of such city,
 adopts or enacts, a rule, regulation, ordinance,  local  law,  order  or
 policy  having the same or substantially similar effect as the provision
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06805-01-1
 A. 8860                             2
 
 of this act; provided, however, that any restaurant located in such city
 shall be used in calculating the number of  restaurants  located  within
 this  state for purposes of paragraph a of subdivision 1 of section 1356
 of the public health law as added by section one of this act.
   §  3. This act shall take effect one year after it shall have become a
 law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8860--A
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Health -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the public health law, in relation to requiring chain
   restaurants to label menu items that have a high content of sodium

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1356 to read as follows:
   § 1356. CHAIN RESTAURANTS; SODIUM CONTENT OF MENU  ITEMS.  1.    DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A.  "CHAIN RESTAURANT" MEANS A FOOD SERVICE ESTABLISHMENT THAT IS PART
 OF A CHAIN WITH FIFTEEN OR MORE LOCATIONS WITHIN THE STATE  DOING  BUSI-
 NESS  UNDER  THE  SAME  NAME, REGARDLESS OF THE TYPE OF OWNERSHIP OF THE
 LOCATIONS, AND OFFERING FOR SALE SUBSTANTIALLY SIMILAR MENU ITEMS.
   B. "DAILY VALUE" MEANS THE DAILY REFERENCE VALUE USED  BY  THE  UNITED
 STATES  FOOD  AND  DRUG  ADMINISTRATION IN CALCULATING THE PERCENT DAILY
 VALUE FOR NUTRITION INFORMATION PROVIDED ON FOOD LABELS.
   C. "FOOD SERVICE ESTABLISHMENT" MEANS  A  PLACE    WHERE    FOOD    IS
 PREPARED  AND INTENDED  FOR  INDIVIDUAL PORTION SERVICE AND INCLUDES THE
 SITE  AT WHICH THE INDIVIDUAL PORTIONS ARE PROVIDED, WHETHER CONSUMPTION
 OCCURS  ON  OR OFF  THE  PREMISES.  THE TERM   EXCLUDES FOOD  PROCESSING
 ESTABLISHMENTS, RETAIL FOOD STORES, PRIVATE HOMES WHERE FOOD IS PREPARED
 OR  SERVED  FOR FAMILY  CONSUMPTION, AND FOOD SERVICE OPERATIONS WHERE A
 DISTINCT  GROUP  MUTUALLY  PROVIDES,  PREPARES, SERVES AND CONSUMES  THE
 FOOD  SUCH  AS "COVERED-DISH   SUPPER" LIMITED   TO   A    CONGREGATION,
 CLUB OR FRATERNAL ORGANIZATION.
   D.  "MENU  OR  MENU BOARD" MEANS THE PRIMARY WRITING OF A FOOD SERVICE
 ESTABLISHMENT FROM WHICH A CUSTOMER MAKES AN ORDER SELECTION, INCLUDING,
 BUT NOT LIMITED TO, BREAKFAST, LUNCH, AND DINNER MENUS;  DESSERT  MENUS;
 BEVERAGE  MENUS;  CHILDREN'S  MENUS;  OTHER  SPECIALTY MENUS; ELECTRONIC
 MENUS; AND MENUS ON THE INTERNET.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06805-05-2
              

 A. 8860--A                          2
 
   E. "STANDARD MENU ITEM" MEANS A FOOD OR BEVERAGE ITEM THAT  IS  LISTED
 ON A MENU OR MENU BOARD, EXCLUDING TEMPORARY MENU ITEMS APPEARING ON THE
 MENU FOR LESS THAN SIXTY DAYS PER CALENDAR YEAR.
   2.  INDUSTRY  GUIDANCE.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
 SECTION, THE DEPARTMENT SHALL PUBLISH GUIDANCE EXPLAINING  THE  REQUIRE-
 MENTS OF THIS SECTION AND HOW BUSINESSES CAN COMPLY.
   3.    SODIUM  WARNING ICON. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP AN ICON WITH ACCOMPA-
 NYING TEXT THAT SHALL BE DISPLAYED ADJACENT TO THE NAME OF ANY  STANDARD
 MENU  ITEM  THAT EXCEEDS THE DAILY VALUE FOR SODIUM. BEGINNING TWO YEARS
 AFTER THE EFFECTIVE DATE OF THIS SECTION ANY CHAIN RESTAURANT  OPERATING
 WITHIN  THE  STATE AND NOT OTHERWISE EXEMPTED UNDER SUBDIVISION SEVEN OF
 THIS  SECTION SHALL DISPLAY ON MENUS OR MENU BOARDS:
   A.  THE SODIUM WARNING ICON AND ACCOMPANYING TEXT PROMULGATED  BY  THE
 DEPARTMENT PURSUANT TO THIS SUBDIVISION, AT A HEIGHT NO SMALLER THAN THE
 LARGEST LETTER IN THE NAME OF THE ITEM; AND
   B. THE FOLLOWING FACTUAL STATEMENT EXPLAINING THE SODIUM WARNING ICON:
 "WARNING  (INSERT  ICON  IMAGE  HERE)  INDICATES  THAT THE SODIUM (SALT)
 CONTENT OF THIS ITEM MAY EXCEED HALF THE TOTAL DAILY RECOMMENDED  LIMIT.
 REGULARLY  EATING  MORE  THAN  THE  DAILY RECOMMENDED LIMIT CAN INCREASE
 BLOOD PRESSURE AND RISK OF HEART DISEASE AND STROKE."
   4. REPORT REQUIRED. NO LATER THAN SIX YEARS AFTER THE  EFFECTIVE  DATE
 OF  THIS SECTION, THE DEPARTMENT SHALL ISSUE A REPORT REVIEWING EVIDENCE
 OF THE IMPACT OF THIS SECTION ON MENU ITEM  REFORMULATION  AND  CONSUMER
 BEHAVIOR,  AND  RECOMMEND ADDITIONAL NUTRIENTS THAT SHOULD BE CONSIDERED
 FOR MENU WARNING ICONS.
   5. VIOLATIONS.  ANY CHAIN RESTAURANT THAT VIOLATES THE  PROVISIONS  OF
 THIS  SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO
 HUNDRED FIFTY DOLLARS PER DAY FOR EACH LOCATION NOT IN COMPLIANCE.
   6. EXEMPTIONS. THE SODIUM WARNING ICON REQUIRED PURSUANT  TO  SUBDIVI-
 SION THREE OF THIS SECTION SHALL NOT BE REQUIRED TO BE DISPLAYED NEXT TO
 A  MENU ITEM THAT IS ALREADY LABELED WITH A SODIUM ICON EQUAL OR GREATER
 IN SIZE AND SIMILAR IN GENERAL APPEARANCE, WHEN SUCH  ICON  IS  REQUIRED
 PURSUANT  TO  A  RULE, REGULATION, ORDINANCE, LOCAL LAW, ORDER OR POLICY
 ISSUED BY ANOTHER JURISDICTION HAVING THE SAME OR SUBSTANTIALLY  SIMILAR
 EFFECT  AS  DETERMINED  BY THE COMMISSIONER. FOOD SERVICE ESTABLISHMENTS
 EXEMPTED FROM THE SODIUM WARNING LABELING REQUIREMENT BY  THIS  SUBDIVI-
 SION  SHALL  BE  USED IN DETERMINING IF A PARTICULAR FOOD SERVICE ESTAB-
 LISHMENT IS A CHAIN RESTAURANT.
   § 2. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 3. This act shall take effect immediately.