Assembly Bill A2720A

2009-2010 Legislative Session

Requires certain restaurants and food service establishments to post the caloric value of food items

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Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	ordered to third reading cal.227 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly
Jun 18, 2009	amended on third reading 2720a
Apr 30, 2009	advanced to third reading cal.442
Apr 27, 2009	reported
Feb 04, 2009	reported referred to codes
Jan 21, 2009	referred to health

Bill Amendments

2009-A2720 - Details

Law Section:: Public Health Law
Laws Affected:: Add §1352-d, Pub Health L

2009-A2720 - Summary

Requires certain restaurants and food service establishments to post the caloric value of food items; provides exemptions.

2009-A2720 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2720

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A. ORTIZ, GOTTFRIED, COOK, P. RIVERA, MAYERSOHN,
  GABRYSZAK, KOON, GALEF -- Multi-Sponsored by  --  M.  of  A.  BOYLAND,
  BRENNAN,  CLARK,  GREENE,  HOOPER, LAVINE, MAISEL, PHEFFER, J. RIVERA,
  TOWNS, WEISENBERG -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation  to  the  posting  of
  caloric value of food items

  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
1352-d to read as follows:
  S  1352-D.  CALORIC  VALUE.  1.    THE  COMMISSIONER IS AUTHORIZED AND
DIRECTED TO PROMULGATE RULES AND REGULATIONS REQUIRING CHAIN RESTAURANTS
OR FOOD SERVICE ESTABLISHMENTS SUBJECT  TO  THE  PROVISIONS  OF  SECTION
THIRTEEN  HUNDRED  FIFTY-ONE  OF  THIS TITLE TO PROMINENTLY POST CALORIE
CONTENT FOR MENU ITEMS AS USUALLY PREPARED AND OFFERED FOR SALE ON STAN-
DARD PRINTED MENUS AND MENU BOARDS OR SIGNS.  THE RULES AND  REGULATIONS
SHALL  REQUIRE SUCH CHAIN RESTAURANTS AND FOOD SERVICE ESTABLISHMENTS TO
POST THE NUMBER OF CALORIES PER MENU ITEM ADJACENT TO SUCH MENU ITEMS ON
MENU BOARDS, IF PRESENT, AND MENUS IN A SIZE OR  TYPEFACE  AT  LEAST  AS
LARGE  AS  THE NAME AND PRICE OF THE MENU ITEM, WHICHEVER IS LARGER, AND
TO POST THE RANGE OF CALORIE CONTENT VALUES SHOWING THE MINIMUM TO MAXI-
MUM NUMBERS OF CALORIES FOR ALL FLAVORS OR VARIETIES OR COMBINATIONS  OF
FOOD ITEMS FOR EACH SIZE OFFERED OF SUCH MENU ITEMS THAT COME IN DIFFER-
ENT FLAVORS OR VARIETIES OR COMBINATIONS OF FOOD ITEMS BUT ARE LISTED AS
A  SINGLE  MENU  ITEM. THIS SECTION SHALL NOT APPLY TO MENU ITEMS LISTED
FOR LESS THAN THIRTY DAYS IN ONE CALENDAR YEAR.  NOTHING IN THIS SECTION
SHALL PROHIBIT ANY RESTAURANT OR FOOD ESTABLISHMENT FROM PROVIDING ADDI-
TIONAL NUTRITIONAL INFORMATION FOR MENU ITEMS OR A DISCLAIMER THAT THERE
MAY BE VARIATIONS IN ACTUAL CALORIE CONTENT BECAUSE  OF  VARIABILITY  IN
FACTORS  SUCH AS INGREDIENTS, ACTUAL SERVING SIZES AND CUSTOMER ORDERING
PREFERENCES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01896-02-9

A. 2720                             2

  2. AS USED IN THIS SECTION "CHAIN RESTAURANT OR  FOOD  SERVICE  ESTAB-
LISHMENT"  SHALL  MEAN A RESTAURANT OR FOOD ESTABLISHMENT SUBJECT TO THE
PROVISIONS OF SECTION THIRTEEN HUNDRED FIFTY-ONE OF THIS  TITLE  ENGAGED
IN  THE PREPARATION, SERVING AND SALE OF FOOD OR BEVERAGES OR MEALS WITH
STANDARDIZED  PREPARATION, PORTION SIZES AND CONTENT INTENDED FOR PUBLIC
CONSUMPTION, INCLUDING THE SITE WHERE PORTIONS ARE  PROVIDED  REGARDLESS
OF  WHETHER  CONSUMPTION TAKES PLACE ON OR OFF THE PREMISES, THAT IS ONE
OF AT LEAST FIFTEEN SUCH RESTAURANTS OR  ESTABLISHMENTS  IN  THE  UNITED
STATES  AND AT LEAST FIVE SUCH RESTAURANTS OR ESTABLISHMENTS IN NEW YORK
STATE DOING BUSINESS UNDER THE SAME TRADE NAME AND OFFERING PREDOMINANT-
LY THE SAME MENU ITEMS ON THE SAME MENUS OR MENU BOARDS OR SIGNS.    THE
PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO FOOD ESTABLISHMENTS THAT
ARE LICENSED UNDER ARTICLE TWENTY-C OF THE AGRICULTURE AND  MARKETS  LAW
EXCEPT FOR SECTIONS WITHIN SUCH ESTABLISHMENTS THAT HAVE BEEN DETERMINED
BY  THE  COMMISSIONER  TO  BE RESTAURANTS OR FOOD SERVICE ESTABLISHMENTS
SUBJECT TO THE PROVISIONS OF THIS SECTION.
  3. FOR PURPOSES OF THIS SECTION, THE COMMISSIONER OR HIS DULY  AUTHOR-
IZED AGENTS OR EMPLOYEES WHO INSPECT RESTAURANTS AND FOOD SERVICE ESTAB-
LISHMENTS  SHALL  ONLY BE REQUIRED TO DETERMINE THAT THE CALORIE CONTENT
LISTINGS REQUIRED UNDER THIS SECTION ARE LISTED  ON  THE  MENU  OR  MENU
BOARD.  SUCH  INSPECTORS SHALL NOT BE REQUIRED TO VERIFY THE ACCURACY OF
THE LISTINGS BUT THE COMMISSIONER MAY REQUEST THAT RESTAURANTS AND  FOOD
SERVICE  ESTABLISHMENTS PROVIDE DOCUMENTATION OF THE ACCURACY.  NOTWITH-
STANDING THE PROVISIONS OF SECTION THIRTEEN HUNDRED FIFTY-THREE OF  THIS
TITLE,  THE  PENALTY FOR A VIOLATION OF THIS SECTION SHALL BE LIMITED TO
THE PENALTY SET FORTH IN SECTION TWELVE OF THIS CHAPTER.
  THE PROVISIONS OF THIS SECTION SHALL NOT RESTRICT  THE  POWER  OF  ANY
COUNTY,  CITY,  TOWN,  OR  VILLAGE TO ADOPT AND ENFORCE ADDITIONAL LOCAL
LAWS, ORDINANCES, OR REGULATIONS WHICH COMPLY WITH AT LEAST THE  MINIMUM
APPLICABLE STANDARDS SET FORTH IN THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly  the  commissioner of health is authorized and directed to promulgate
any rule or regulation or to take any other necessary action  to  ensure
the  timely  implementation  of  this  act  on  its  effective date, and
provided, further, that the commissioner of health  shall  consult  with
nutrition  and  health  professionals, representatives of restaurants or
food service establishments, and consumers  prior  to  promulgating  any
such rule or regulation.

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2009-A2720A (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add §1352-d, Pub Health L

2009-A2720A (ACTIVE) - Summary

Requires certain restaurants and food service establishments to post the caloric value of food items; provides exemptions.

2009-A2720A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A2720A

TITLE  OF  BILL:   An act to amend the public health law, in relation to
the posting of caloric value of food items

PURPOSE OF BILL: To require certain restaurants and food service  estab-
lishments to provide calorie information to customers.

SUMMARY OF SPECIFIC PROVISIONS: Would add a new section 1352-d authoriz-
ing  the Commissioner of Health to develop regulations requiring restau-
rants and food service establishments to prominently post calorie infor-
mation for menu items as  usually  prepared  and  offered  for  sale  on
standard  printed menus, menu boards or food items offered for sale that
are identified by tags or labels. Chain restaurants and food  establish-
ments  will  post  the number of calories per menu item adjacent to such
menu items on menu boards, menus and on food item tags. Such information
shall be listed clearly and conspicuously, adjacent to or in close prox-
imity to the applicable menu or food item so that it is clearly  associ-
ated with such item, and in a font and format that is at least as promi-
nent,  in  size  and appearance, as that used to post either the name or
price of the menu item, and to post the range of calorie content  values
showing  the  minimum to maximum numbers of all calories for all flavors
or varieties or combinations of food items. This section shall not apply
to menu items listed for less than thirty days  in  one  calendar  year.
The  Commissioner  shall  develop regulations for the posting of calorie
content information per serving for menu  items  that  are  clearly  not

intended for serving more than one individual.  Content values at drive-
through  windows  shall  be  displayed  on either the drive-through menu
board, or on an adjacent stanchion visible at, or prior to the point  of
ordering,  so  long  as  the  calorie  content values are as clearly and
conspicuously posted on the stanchion adjacent to their menu item names,
as the price or menu item  is  on  the  drive-through  menu  board.  The
Commissioner  shall develop regulations to provide a temporary waiver of
the provisions of this section for posting calorie content values  on  a
menu  board  or  stanchion for a chain restaurant or food service estab-
lishment that is in the process of seeking approval from a city, town or
village for construction of such stanchions.

A chain restaurant or food service establishment shall  mean  an  estab-
lishment  engaged in the preparation, serving and sale of food or bever-
ages or meals with standardized preparations, portion sizes and  content
intended  for  public consumption. This establishment is one of at least
fifteen such restaurants or establishments in the  United  States  doing
business  under  the same trade name and offering predominately the same
menu items on the same menus, menu boards or food item tags. This  shall
not  apply  to food establishments that are licensed under article twen-
ty-c of the agriculture and markets law except for  sections  that  have
been  determined  by  the  Commission  to  be  chain restaurants or food
service establishments as defined in this section.

Health inspectors are only required to check  for  the  calorie  content
value  listings  on  the  menu, menu board or food item tag although the

Commissioner  can  ask  for  documentation  of  accuracy  of   listings.
Violations  of this section shall be limited to the penalty set forth in
section twelve of this chapter. The provisions  of  this  section  shall
preempt  the authority of any county, city, town or village to adopt and
enforce additional local laws, ordinances or regulations that  are  more
stringent than the standards set forth in this section and the rules and
regulations  promulgated  pursuant  thereto, including local laws, ordi-
nances or regulations requiring nutrition information posting on  menus,
menu boards or food item tags.

EFFECTS  OF PRESENT LAW WHICH THIS BILL WOULD ALTER:  Adds a new Section
1352-d to the Public Health Law.

JUSTIFICATION:  Obesity rates in adults doubled  over  the  last  twenty
years.  The  percentage  of seriously overweight children tripled in the
past two decades. The NYC Health Department found that  nearly  half  of
elementary-aged  children are overweight. According to the NYS WIC Asso-
ciation over 32% of the children aged  2-5  who  are  participating  are
overweight  or at risk of being overweight. This leads to illnesses such
as diabetes  in  young  children.  Centers  for  Disease  Control  (CDC)
research  estimates  that  one in three U.S.  children born in 2000 will
become diabetic in their lifetime because of obesity.  A  study  commis-
sioned  by  CDC  found that $75 billion is spent nationally each year on
obesity related medical costs, half of it public dollars  through  Medi-
caid  and  Medicare.  It  was  estimated that $3.5 billion of New York's
Medicaid spending is due to obesity, by far the  highest  level  of  any
State.

During the time when obesity has been rising, Americans are increasingly
eating  meals  away  from  home  and  food  businesses spend hundreds of
millions of dollars encouraging children and their  families  to  do  it
even  more.  In  1970, Americans spent just 26% of their food dollars on
foods prepared outside their homes but today spend almost half  of  food
dollars  eating  out.  The  average American consumes about one-third of
their calories from foods from restaurants and other food-service estab-
lishments. Portion sizes have been  increasing  and  studies  show  that
people tend to eat greater quantities of food when they are served more.
It  is  not  uncommon for a restaurant entree to provide half of a day's
recommended calories.  Children eat almost twice as many  calories  when
they eat out compared to home.

Since  1994,  consumers  can get nutrition labeling on packaged foods at
the supermarket. However, they are now getting more of their  food  from
restaurants  and  other  food  service establishments than years ago and
they cannot tell that a sweetened coffee drink at one chain may have  as
many  calories  as  a  cheeseburger with fries at another. Food industry
critics of government efforts to fight the obesity problem claim that it
is up to parents to choose healthier foods to eat.  Restaurant nutrition
information could empower parents, arid children, to do  a  better  job.
Studies have found that 90% of consumers underestimate the calorie level
of  menu  items and when calorie information is present consumers choose
lower calorie items one third more often. National surveys indicate that

between 62% and 87% of consumers support requiring restaurant  nutrition
information.    Recent  reports by the Surgeon General and an FDA expert
panel on obesity recommend  increased  nutrition  information  on  foods
eaten away from home.

This  proposal  would  not  place  an  undue burden on business. It only
applies to menu  items  that  are  offered  in  standardized  sizes  and
content.  One day specials or special orders by customers would not have
to be analyzed and posted. This proposal does not mandate  what  restau-
rants offer or how they cook it.

Some  health  experts  believe  this  generation of children will be the
first in history to have a shorter life expectancy  than  their  parents
because of the obesity epidemic. Everyone, including food businesses,

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE:  This act shall take effect one year after becoming law.

2009-A2720A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2720--A
                                                        Cal. No. 442

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A. ORTIZ, GOTTFRIED, COOK, P. RIVERA, MAYERSOHN,
  GABRYSZAK, KOON, GALEF, CHRISTENSEN, FIELDS, BOYLAND,  PAULIN,  BARRON
  --  Multi-Sponsored  by  --  M. of A. BRENNAN, CLARK, DINOWITZ, GLICK,
  HOOPER, JACOBS, LATIMER, LAVINE, MAISEL,  McENENY,  MILLMAN,  PHEFFER,
  J. RIVERA,  ROSENTHAL,  TOWNS, WEISENBERG -- read once and referred to
  the Committee on Health -- reported  from  committee,  advanced  to  a
  third  reading,  amended and ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the public health law, in relation  to  the  posting  of
  caloric value of food items

  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
1352-d to read as follows:
  S  1352-D.  CALORIC  VALUE.  1.    THE  COMMISSIONER IS AUTHORIZED AND
DIRECTED TO PROMULGATE RULES AND REGULATIONS REQUIRING CHAIN RESTAURANTS
OR FOOD SERVICE ESTABLISHMENTS SUBJECT  TO  THE  PROVISIONS  OF  SECTION
THIRTEEN  HUNDRED FIFTY-ONE OF THIS TITLE TO POST CALORIE CONTENT VALUES
FOR MENU ITEMS AS USUALLY PREPARED AND  OFFERED  FOR  SALE  ON  STANDARD
PRINTED  MENUS  AND  MENU  BOARDS  OR FOOD ITEMS AS USUALLY PREPARED AND
OFFERED FOR SALE THAT ARE IDENTIFIED BY TAGS OR LABELS PLACED  IN  CLOSE
PROXIMITY  TO  SUCH  FOOD ITEMS DISPLAYED FOR SALE.  THE RULES AND REGU-
LATIONS SHALL REQUIRE SUCH CHAIN RESTAURANTS AND FOOD SERVICE ESTABLISH-
MENTS TO POST THE NUMBER OF CALORIES PER MENU ITEM ADJACENT TO SUCH MENU
ITEMS ON MENU BOARDS AND MENUS, AND ON FOOD ITEM TAGS. SUCH  INFORMATION
SHALL BE LISTED CLEARLY AND CONSPICUOUSLY, ADJACENT TO OR IN CLOSE PROX-
IMITY  TO THE APPLICABLE MENU OR FOOD ITEM SO THAT IT IS CLEARLY ASSOCI-
ATED WITH SUCH ITEM, AND IN A FONT AND FORMAT THAT IS AT LEAST AS PROMI-
NENT, IN SIZE AND APPEARANCE, AS THAT USED TO POST EITHER  THE  NAME  OR
PRICE  OF THE MENU ITEM, AND TO POST THE RANGE OF CALORIE VALUES SHOWING
THE MINIMUM TO MAXIMUM NUMBERS OF CALORIES FOR ALL FLAVORS OR  VARIETIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

A                                                          LBD01896-04-9

A. 2720--A                          2

THAT  ARE  LISTED  AS A SINGLE MENU ITEM.  FOR COMBINATIONS OF DIFFERENT
FOOD ITEMS LISTED OR PICTURED AS A SINGLE MENU ITEM, THE RANGE OF  CALO-
RIE  CONTENT  VALUES  SHOWING THE MINIMUM TO MAXIMUM NUMBERS OF CALORIES
FOR ALL COMBINATIONS OF THAT MENU ITEM SHALL BE LISTED ON MENUS AND MENU
BOARDS. IF THERE IS ONLY ONE POSSIBLE CALORIE TOTAL FOR THE COMBINATION,
THEN  THAT  TOTAL  SHALL BE LISTED ON MENUS AND MENU BOARDS. THE COMMIS-
SIONER SHALL DEVELOP REGULATIONS FOR  THE  POSTING  OF  CALORIE  CONTENT
VALUE  INFORMATION  PER SERVING FOR MENU ITEMS THAT ARE CLEARLY INTENDED
FOR SERVING MORE THAN ONE INDIVIDUAL.  CALORIE CONTENT VALUES AT  DRIVE-
THROUGH  WINDOWS  SHALL  BE  DISPLAYED  ON EITHER THE DRIVE-THROUGH MENU
BOARD, OR ON AN ADJACENT STANCHION VISIBLE AT, OR PRIOR TO THE POINT  OF
ORDERING,  SO  LONG  AS  THE  CALORIE  CONTENT VALUES ARE AS CLEARLY AND
CONSPICUOUSLY POSTED ON THE STANCHION ADJACENT TO THEIR RESPECTIVE  MENU
ITEM  NAMES,  AS  THE  PRICE  OR  MENU ITEM IS ON THE DRIVE-THROUGH MENU
BOARD. THE COMMISSIONER SHALL DEVELOP REGULATIONS TO PROVIDE A TEMPORARY
WAIVER OF THE PROVISIONS OF THIS SECTION  FOR  POSTING  CALORIE  CONTENT
VALUES  ON  A  MENU  BOARD  OR  STANCHION FOR A CHAIN RESTAURANT OR FOOD
SERVICE ESTABLISHMENT THAT IS IN THE PROCESS OF SEEKING APPROVAL FROM  A
CITY, TOWN OR VILLAGE FOR CONSTRUCTION OF SUCH STANCHIONS.  THIS SECTION
SHALL  NOT  APPLY  TO MENU ITEMS LISTED OR FOOD ITEMS DISPLAYED FOR LESS
THAN THIRTY DAYS IN ONE CALENDAR YEAR.   NOTHING IN THIS  SECTION  SHALL
PROHIBIT  ANY RESTAURANT OR FOOD ESTABLISHMENT FROM PROVIDING ADDITIONAL
NUTRITIONAL INFORMATION FOR MENU ITEMS OR A DISCLAIMER THAT THERE MAY BE
VARIATIONS IN ACTUAL CALORIE CONTENT BECAUSE OF VARIABILITY  IN  FACTORS
SUCH  AS INGREDIENTS, ACTUAL SERVING SIZES AND CUSTOMER ORDERING PREFER-
ENCES.
  2. AS USED IN THIS SECTION "CHAIN RESTAURANT OR  FOOD  SERVICE  ESTAB-
LISHMENT"  SHALL  MEAN A RESTAURANT OR FOOD ESTABLISHMENT SUBJECT TO THE
PROVISIONS OF SECTION THIRTEEN HUNDRED FIFTY-ONE OF THIS  TITLE  ENGAGED
IN  THE PREPARATION, SERVING AND SALE OF FOOD OR BEVERAGES OR MEALS WITH
STANDARDIZED PREPARATION, PORTION SIZES AND CONTENT INTENDED FOR  PUBLIC
CONSUMPTION, REGARDLESS OF WHETHER CONSUMPTION TAKES PLACE ON OR OFF THE
PREMISES, THAT IS ONE OF AT LEAST FIFTEEN SUCH RESTAURANTS OR ESTABLISH-
MENTS  DOING BUSINESS NATIONALLY AND OPERATING UNDER COMMON OWNERSHIP OR
CONTROL, OR AS FRANCHISED OUTLETS OF A PARENT BUSINESS OR DOING BUSINESS
UNDER THE SAME TRADE NAME AND OFFERING PREDOMINANTLY THE SAME MENU ITEMS
ON THE SAME MENUS OR MENU BOARDS OR FOOD ITEMS WITH FOOD  ITEM  TAGS  OR
LABELS.    THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FOOD ESTAB-
LISHMENTS THAT ARE LICENSED UNDER ARTICLE TWENTY-C  OF  THE  AGRICULTURE
AND  MARKETS LAW EXCEPT FOR SECTIONS WITHIN SUCH LICENSED ESTABLISHMENTS
THAT HAVE BEEN DETERMINED BY THE COMMISSIONER TO BE CHAIN RESTAURANTS OR
FOOD SERVICE ESTABLISHMENTS AS DEFINED IN THIS SECTION.
  3. FOR PURPOSES OF THIS SECTION, THE COMMISSIONER OR HIS DULY  AUTHOR-
IZED AGENTS OR EMPLOYEES WHO INSPECT RESTAURANTS AND FOOD SERVICE ESTAB-
LISHMENTS  SHALL  ONLY BE REQUIRED TO DETERMINE THAT THE CALORIE CONTENT
VALUE LISTINGS REQUIRED UNDER THIS SECTION ARE LISTED  ON  THE  MENU  OR
MENU BOARD. SUCH INSPECTORS SHALL NOT BE REQUIRED TO VERIFY THE ACCURACY
OF  THE LISTINGS BUT THE COMMISSIONER MAY REQUEST THAT CHAIN RESTAURANTS
AND FOOD SERVICE ESTABLISHMENTS PROVIDE DOCUMENTATION OF  THE  ACCURACY.
THE COMMISSIONER SHALL DEVELOP REGULATIONS FOR SUCH RESTAURANTS AND FOOD
SERVICE  ESTABLISHMENTS  TO  DETERMINE SUCH CALORIE CONTENT VALUES USING
ANALYSIS SUCH AS NUTRIENT DATABASES, LABORATORY TESTING OR OTHER ACCEPT-
ABLE METHODS OF ANALYSIS.   NOTWITHSTANDING THE  PROVISIONS  OF  SECTION
THIRTEEN  HUNDRED FIFTY-THREE OF THIS TITLE, THE PENALTY FOR A VIOLATION
OF THIS SECTION SHALL BE LIMITED TO THE PENALTY  SET  FORTH  IN  SECTION
TWELVE OF THIS CHAPTER.

A. 2720--A                          3

  THE  PROVISIONS  OF  THIS  SECTION  SHALL PREEMPT THE AUTHORITY OF ANY
COUNTY, CITY, TOWN OR VILLAGE TO  ADOPT  AND  ENFORCE  ADDITIONAL  LOCAL
LAWS,  ORDINANCES OR REGULATIONS THAT ARE MORE STRINGENT THAN THE STAND-
ARDS SET FORTH IN THIS SECTION AND THE RULES AND REGULATIONS PROMULGATED
PURSUANT  THERETO,  INCLUDING  LOCAL  LAWS,  ORDINANCES  OR  REGULATIONS
REQUIRING NUTRITION INFORMATION POSTING ON MENUS OR MENU BOARDS OR  FOOD
ITEM TAGS.
  S  2. This act shall take effect one year after it shall have become a
law; provided, however, that effective immediately the  commissioner  of
health  is  authorized and directed to promulgate any rule or regulation
or to take any other necessary action to ensure the  timely  implementa-
tion  of this act on its effective date, and provided, further, that the
commissioner of health shall consult with nutrition and  health  profes-
sionals,  representatives of restaurants or food service establishments,
and consumers prior to promulgating any such rule or regulation.

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Assembly Bill A2720A

Sponsored By

Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2009-A2720 - Details

2009-A2720 - Summary

2009-A2720 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A2720A (ACTIVE) - Details

2009-A2720A (ACTIVE) - Summary

2009-A2720A (ACTIVE) - Sponsor Memo

2009-A2720A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

ORTIZ

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

2009-A2720 - Details

2009-A2720 - Summary

2009-A2720 - Bill Text download pdf

co-Sponsors

Richard Gottfried

Vivian Cook

Peter Rivera

Nettie Mayersohn

multi-Sponsors

James F. Brennan

Barbara Clark

Jeffrey Dinowitz

Deborah Glick

2009-A2720A (ACTIVE) - Details

2009-A2720A (ACTIVE) - Summary

2009-A2720A (ACTIVE) - Sponsor Memo

2009-A2720A (ACTIVE) - Bill Text download pdf

Comments