NY State Senate Bill 2009-S3600

Archive: Last Bill Status - In Senate Committee Health Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2010	print number 3600a
Apr 12, 2010	amend (t) and recommit to health
Jan 06, 2010	referred to health
Mar 25, 2009	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S3600 - Details

See Assembly Version of this Bill:: A6425
Current Committee:: Senate Health
Law Section:: Health
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1131, A3795
2013-2014: S3120
2015-2016: S1390
2017-2018: S2832
2019-2020: S3795

2009-S3600 - Summary

Requires certain food establishments to provide nutritional information to their customers.

2009-S3600 - Sponsor Memo

                                 BILL NUMBER:  S3600

 TITLE OF BILL :
An act in relation to creating the menu nutritional disclosure act of
2009

 PURPOSE OR GENERAL IDEA OF BILL :  This legislation enacts the "Menu
Nutritional Disclosure Act of 2009)," requiring certain dining
establishments to provide nutritional information to consumers at the
point of sale.

 SUMMARY OF SPECIFIC PROVISIONS : This legislation requires disclosure
of nutritional information of certain restaurants in New York. Under
the provision of this act "food facility" includes establishments that
operate under the common ownership of at least 10 other facilities in
the state with similar menus: and also, facilities that operate as an
outlet of a parent company with at least 9 other franchised outlets in
the state. This legislation does not apply to certified farmers'
markets, commissaries, licensed health care facilities, mobile support
units, restricted food services facilities, pharmacies and vending
machines.

Beginning in July, 2011 and ending in December 31, 2011, every food
facility covered under this legislation must disclose nutritional
information (number of calories. grams of carbohydrates, grams or
saturated fat, milligrams of sodium) in, of any standard menu item

through, at the very least, a brochure available at the point of the
sale. During this time period, businesses providing sit-down service
could also private such nutritional information next to each standard
menu item; in an index section of the menu; or, in a menu insert. All
drive-through facilities would be required to have a sign informing
customers that nutritional information is available upon request.

Under the definitions of this bill, standard menu items would not
include alcoholic beverages, packaged food already containing
nutritional information, meals assembled at self-service salad bars
and buffets.

After January 1, 2012, such food facilities would be required to
provide calorie content information for a standard menu item next to
each item on the menu in a clear manner. A restaurant would be free to
provide this level of disclosure prior to 2012. Drive through
restaurants would be required to maintain a sign informing customers
that nutritional information is available upon request.

After January 1, 2012, menu items that are a combination of at least
two standard menu items shall include, based on all possible
combinations for the item, both the minimum and maximum caloric count
information.

Entrees that intend to serve more than one person shall include the
number of individuals intended to be served by the item and also, the
number of calories per serving.

This legislation states that the nutritional information that is
required to be disclosed shall be determined on a reasonable basis.

Further, menus may contain a disclaimer that indicates there may be
variations on nutritional content across servings. A restaurant
covered under this act is not precluded from providing additional
information than that which is required.

This legislation shall not be construed to create or enhance any
claim, right of action, or civil liability that did not previously
exist under state law.

Effective July 1. 2010, a facility that violates this act shall be
punished by a fine of not less than fifty dollars or more than five
hundred dollars.

Further, this legislation shall preempt any local ordinance regulating
the dissemination of nutritional in information.

 JUSTIFICATION : This legislation aims to curb both childhood and
adult obesity, and other health ailments, by allowing consumers to
make informed decisions about their menu options at chain restaurants.
As numerous local municipalities across the United States have begun
taking the initiative in passing menu labeling ordinances, there
exists a need for statewide standards, so as to not place an undue
burden on dining establishments.

The New York State Department of Health estimates that roughly one
million young people are classified as obese. New Yorkers are becoming
increasingly overweight and obese. Between 1990 and 2002, a
self-reported height and weight study found obesity in New Yorkers
increased 36%.

An overweight adolescent has a 70% chance of being an overweight
adult, if the adolescent has an overweight parent their likelihood of
being overweight increases to 80%. The New York City Department of
Health and Mental Hygiene stated that one of the causes of obesity is
"readily available processed foods that are high in fat and sugar".
Posting nutritional information on menus will help to ease the obesity
epidemic confronting New York State as more consumers would exercise
personal responsibility in their diet choices.

Not only does obesity lead to health care implications, it also puts a
greater strain on the New York State budget. New York spends $6.1
billion dollars in adult obesity associated medical expenses, which is
the second highest amount across all the states. This $6.1 billion
translates to an additional $320 in health care costs per person
because of obesity.

It is recommended by the National Academies' Institute of Medicine
that restaurants "provide caloric content and other key nutritional
information on menus and packaging that is prominently visible at
point of choice and use" In general, supporters of menu labeling
include the Food and Drug Administration, the Surgeon General, the
Society for Nutrition and Education, AARP, the American Health
Association, the American Medical Association, and the American Cancer
Society.

Similar legislation was signed into law in California in 2008, the
first state to enact such a measure.

 PRIOR LEGISLATIVE HISTORY  New legislation

FISCAL IMPLICATIONS : None to the state.

 EFFECTIVE DATE :  The act would take effect immediately.

2009-S3600 - Bill Text download pdf

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

                                  3600

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

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

AN ACT in relation to creating the menu nutritional  disclosure  act  of
  2009

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and  may  be  cited  as  the  "menu
nutritional disclosure act of 2009".
  S  2.  1.    For purposes of this act, the following definitions shall
apply:
  (a) "Food facility" means a food facility in the state  that  operates
under  common ownership or control with at least 9 other food facilities
with the same name in the state that offer for  sale  substantially  the
same  menu items, or operates as a franchised outlet of a parent company
with at least 9 other franchised outlets with the same name in the state
that offer for sale substantially the same menu  items,  except  that  a
"food facility" does not include the following:
  (i) Certified farmer's markets.
  (ii) Commissaries.
  (iii) Licensed health care facilities.
  (iv) Mobile support units.
  (v) Restricted food service facilities.
  (vi) Retail stores in which a majority of sales are from a pharmacy.
  (vii) Vending machines.
  (b)  "Calorie  content information" means the total number of calories
per standard menu item, as that item is usually prepared and offered for
sale.
  (c) "Drive-through" means an area where  a  customer  may  provide  an
order  for and receive standard menu items while occupying a motor vehi-
cle.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09356-03-9

S. 3600                             2

  (d) "Menu board" means a posted list or pictorial display of  food  or
beverage  items  offered  for sale by a food facility. "Menu board" does
not include printed or pictorial materials for the purpose of marketing.
  (e) "Menu" means a printed list or pictorial display of food or bever-
age  items offered for sale by a food facility. "Menu" shall not include
printed or pictorial materials for the purpose of marketing.
  (f) "Food item tag" means a label or placard that identifies any  food
item  displayed  for  sale at a food facility. "Food item tag" shall not
include printed or pictorial materials for the purpose of marketing.
  (g) "Nutritional information" includes, but is not limited to, all  of
the  following, per standard menu item, as that item is usually prepared
and offered for sale:
  (i) Total number of calories.
  (ii) Total number of grams of carbohydrates.
  (iii) Total number of grams of saturated fat.
  (iv) Total number of milligrams of sodium.
  (h) "Point of sale" means the  location  where  a  customer  makes  an
order.
  (i)  "Standard  menu  item"  means a food or beverage item offered for
sale by a food facility through a menu, menu board, or food item tag  at
least  180 days per calendar year, except that "standard menu item" does
not include any of the following:
  (i) A food item that is customized on a case-by-case basis in response
to an unsolicited customer request.
  (ii) An alcoholic beverage, the labeling of which is not regulated  by
the federal food and drug administration.
  (iii)  A  packaged  food  otherwise  subject to the nutrition labeling
requirements of the federal Nutrition  Labeling  and  Education  Act  of
1990.
  (iv) A food item when served at a consumer self-service salad bar.
  (v)  A  food  or  beverage item when served at a consumer self-service
buffet.
  (vi) Condiments.
  (vii) Other items placed on counters or tables for use without  charge
to consumers.
  (j)  "Reasonable  basis"  means any reasonable means recognized by the
federal food and drug administration of determining nutritional informa-
tion, as well as calorie content information, for a standard menu  item,
as usually prepared and offered for sale, including, but not limited to,
nutrient databases and laboratory analyses.
  (k)  "Appetizer" means a food item that is generally served prior to a
food item that is generally regarded as the primary food item in a meal.
An "appetizer" includes a first course, starter, or small plate.
  (l) "Dessert" means a food item that is generally served after a  food
item  that  is  generally  regarded  as the primary food item in a meal.
"Dessert" includes, but is not limited to, cakes,  pastries,  pies,  ice
cream  and  food  items  that  contain ice cream, confections, and other
sweets.
  2. (a) Commencing July 1, 2010 and remaining in effect until  December
31,  2011,  inclusive,  every  food  facility shall disclose nutritional
information as required by paragraph (b) of this subdivision  or  comply
with  the  requirements of subdivision three of this section during this
time.
  (b) (i) In order to comply with paragraph (a) of this  subdivision,  a
food  facility that does not provide sit-down service shall disclose the
information in a clear and conspicuous manner on a brochure that is made

S. 3600                             3

available at the point of sale prior to or during the  placement  of  an
order.  A food facility that provides sit-down service shall provide the
nutritional information in a clear and conspicuous size and typeface  on
at least one of the following:
  (1) A brochure available on the table.
  (2) A menu next to each standard menu item.
  (3)  A  menu, under an index section that is separate from the listing
of standard menu items.
  (4) A menu insert.
  (5) A table tent on the table.
  (ii) Notwithstanding subparagraph (i) of this paragraph, a food facil-
ity that has a drive-through area and uses a menu board  to  display  or
list standard menu items at the point of sale shall, for purposes of the
drive-through area only, disclose the nutritional information in a clear
and  conspicuous  manner on a brochure or other printed material that is
available upon request, and shall conspicuously display a notice at  the
point  of  sale  that  reads: "NUTRITIONAL INFORMATION IS AVAILABLE UPON
REQUEST" or other similar statement that  indicates  the  disclosure  of
nutritional information is available upon request.
  3. (a) On and after January 1, 2012, every food facility that provides
a  menu  shall  disclose calorie content information for a standard menu
item next to the item on the menu in a size and typeface that  is  clear
and conspicuous.
  (b)  On  and  after  January 1, 2012, every food facility that uses an
indoor menu board shall disclose calorie content information for a stan-
dard menu item next to the item on the menu board in a size and typeface
that is clear and conspicuous.
  (c) On and after January 1, 2012, every food facility that uses a food
item tag as an alternative to a menu or menu board to describe a  stand-
ard  menu  item  that is displayed for sale in a display case within the
food facility shall disclose calorie content information for that stand-
ard menu item on the food item tag for that item in a size and  typeface
that is clear and conspicuous.
  (d)  On  and  after  January  1,  2012, every food facility that has a
drive-through area and uses a menu board to  display  or  list  standard
menu items at the point of sale shall, for purposes of the drive-through
area  only,  disclose the nutritional information for each standard menu
item in a clear and conspicuous manner on a brochure  or  other  printed
material that is available upon request, and shall clearly and conspicu-
ously  display  a  notice  at the point of sale that reads: "NUTRITIONAL
INFORMATION IS AVAILABLE UPON REQUEST" or other similar  statement  that
indicates  the  disclosure  of nutritional information is available upon
request.  If a food facility subject to this paragraph discloses  nutri-
tional  information  in  the  manner  described in paragraph (b) of this
subdivision, the food facility shall be deemed to be in compliance  with
this paragraph.
  4.  For  purposes  of subdivision 3 of this section, the disclosure of
calorie content information on a menu or menu board next to  a  standard
menu  item  that is a combination of at least two standard menu items on
the menu or menu board, shall, based upon all possible combinations  for
that standard menu item, include both the minimum amount of calories for
the calorie count information and the maximum amount of calories for the
calorie count information. If there is only one possible total amount of
calories, then this total shall be disclosed.
  5.  For  purposes  of subdivision 3 of this section, the disclosure of
calorie content information on a menu or menu board next to  a  standard

S. 3600                             4

menu  item that is not an appetizer or dessert, but is intended to serve
more than one individual, shall include both of the following:
  (a)  The  number  of individuals intended to be served by the standard
menu item.
  (b) The calorie content information per  individual  serving.  If  the
standard menu item is a combination of at least two standard menu items,
this  disclosure  shall,  based  upon all possible combinations for that
standard menu item, include both the minimum amount of calories for  the
calorie  count  information and the maximum amount of calories. If there
is only one possible total amount of calories, then this total shall  be
disclosed.
  6.  For  beverage  items,  a range of calorie count information may be
provided, which includes both the minimum amount  of  calories  for  any
beverage item and the maximum amount of calories.
  7.    The  nutritional  information  and  calorie  content information
required by this act shall  be  determined  on  a  reasonable  basis.  A
reasonable  basis  determination  of nutritional information and calorie
content information shall be required only once per standard menu  item,
provided that portion size is reasonably consistent and the food facili-
ty  follows  a  standardized recipe and trains to a consistent method of
preparation.
  8. Menus and menu boards may include a disclaimer that indicates  that
there may be variations in nutritional content across servings, based on
variations  in  overall size and quantities of ingredients, and based on
special ordering.
  9. This act shall not be construed to create  or  enhance  any  claim,
right  of action, or civil liability that did not previously exist under
state law or limit any claim, right of action, or civil  liability  that
otherwise exists under state law. No private right of action shall arise
out of this act. The only enforcement mechanism of this act shall be the
local enforcement agency.
  10. This act shall not be construed to preclude any food facility from
voluntarily   providing  nutritional  information  in  addition  to  the
requirements of this act.
  11. To the extent consistent with federal law, this act,  as  well  as
any  other state law that regulates the disclosure of nutritional infor-
mation, is a matter of statewide concern and occupies the whole field of
regulation regarding the disclosure of nutritional information by a food
facility as well as content required to be posted on menus, menu  boards
and  food  item  tags.  No ordinance or regulation of a local government
shall regulate the  dissemination  of  nutritional  information  or  the
content required to be placed on menus, menu boards or food item tags by
a food facility. Any ordinance or regulation that violates this prohibi-
tion is void and shall have no force or effect.
  12. Commencing July 1, 2010, a food facility that violates this act is
guilty  of  an  infraction,  punishable by a fine of not less than fifty
dollars or more than five hundred dollars, which may be  assessed  by  a
local  enforcement  agency. However, a food facility may not be found to
violate this act more than once during an inspection  visit.    Notwith-
standing  the penal law or any other provision of law to the contrary, a
violation of this act shall not constitute a misdemeanor.
  13. Within 180 days after the effective date of this act, the New York
state department of health shall  promulgate  regulations  defining  the
specific  requirements  that constitute substantial compliance with this
act by food facilities.

S. 3600                             5

  14. If any provision of this act or the application thereof is for any
reason held invalid, ineffective, or  unconstitutional  by  a  court  of
competent  jurisdiction, the remainder of this act shall not be affected
thereby, and to this end, the provisions of this act are severable.
  S 3. This act shall take effect immediately.

co-Sponsors

2009-S3600A (ACTIVE) - Details

See Assembly Version of this Bill:: A6425
Current Committee:: Senate Health
Law Section:: Health
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1131, A3795
2013-2014: S3120
2015-2016: S1390
2017-2018: S2832
2019-2020: S3795

2009-S3600A (ACTIVE) - Summary

Requires certain food establishments to provide nutritional information to their customers.

2009-S3600A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3600A

 TITLE OF BILL :
An act in relation to creating the menu nutritional disclosure act of
2010


 PURPOSE OR GENERAL IDEA OF BILL :
This legislation enacts the "Menu Nutritional Disclosure Act of
2009)," requiring certain dining establishments to provide nutritional
information to consumers at the point of sale.

 SUMMARY OF SPECIFIC PROVISIONS :
This legislation requires disclosure of nutritional information of
certain restaurants in New York. Under the provision of this act "food
facility" includes establishments that operate under the common
ownership of at least 10 other facilities in the state with similar
menus: and also, facilities that operate as an outlet of a parent
company with at least 9 other franchised outlets in the state. This
legislation does not apply to certified farmers' markets,
commissaries, licensed health care facilities, mobile support units,
restricted food services facilities, pharmacies and vending machines.

Beginning in July, 2011 and ending in December 31, 2012, every food
facility covered under this legislation must disclose nutritional
information (number of calories. grams of carbohydrates, grams or

saturated fat, milligrams of sodium) in, of any standard menu item
through, at the very least, a brochure available at the point of the
sale. During this time period, businesses providing sit-down service
could also private such nutritional information next to each standard
menu item; in an index section of the menu; or, in a menu insert. All
drive-through facilities would be required to have a sign informing
customers that nutritional information is available upon request.

Under the definitions of this bill, standard menu items would not
include alcoholic beverages, packaged food already containing
nutritional information, meals assembled at self-service salad bars
and buffets.

After January 1, 2013, such food facilities would be required to
provide calorie content information for a standard menu item next to
each item on the menu in a clear manner. A restaurant would be free to
provide this level of disclosure prior to 2012. Drive through
restaurants would be required to maintain a sign informing customers
that nutritional information is available upon request.

After January 1, 2013, menu items that are a combination of at least
two standard menu items shall include, based on all possible
combinations for the item, both the minimum and maximum caloric count
information.

Entrees that intend to serve more than one person shall include the
number of individuals intended to be served by the item and also, the
number of calories per serving.

This legislation states that the nutritional information that is
required to be disclosed shall be determined on a reasonable basis.

Further, menus may contain a disclaimer that indicates there may be
variations on nutritional content across servings. A restaurant
covered under this act is not precluded from providing additional
information than that which is required.

This legislation shall not be construed to create or enhance any
claim, right of action, or civil liability that did not previously
exist under state law.
Effective July 1, 2011, a facility that violates this act shall be
punished by a fine of not less than fifty dollars or more than five
hundred dollars.

Further, this legislation shall preempt any local ordinance regulating
the dissemination of nutritional in information.

 JUSTIFICATION :
This legislation aims to curb both childhood and adult obesity, and
other health ailments, by allowing consumers to make informed
decisions about their menu options at chain restaurants. As numerous
local municipalities across the United States have begun taking the
initiative in passing menu labeling ordinances, there exists a need
for statewide standards, so as to not place an undue burden on dining
establishments.

The New York State Department of Health estimates that roughly one
million young people are classified as obese. New Yorkers are becoming
increasingly overweight and obese. Between 1990 and 2002, a
self-reported height and weight study found obesity in New Yorkers
increased 36%.

An overweight adolescent has a 70% chance of being an overweight
adult, if the adolescent has an overweight parent their likelihood of
being overweight increases to 80%. The New York City Department of
Health and Mental Hygiene stated that one of the causes of obesity is
"readily available processed foods that are high in fat and sugar".
Posting nutritional information on menus will help to ease the obesity
epidemic confronting New York State as more consumers would exercise
personal responsibility in their diet choices.

Not only does obesity lead to health care implications, it also puts a
greater strain on the New York State budget. New York spends $6.1
billion dollars in adult obesity associated medical expenses, which is
the second highest amount across all the states. This $6.1 billion
translates to an additional $320 in health care costs per person
because of obesity.

It is recommended by the National Academies' Institute of Medicine
that restaurants "provide caloric content and other key nutritional
information on menus and packaging that is prominently visible at
point of choice and use". In general, supporters of menu labeling
include the Food and Drug Administration,  the Surgeon General, the
Society for Nutrition and Education, AARP, the American Health
Association, the American Medical Association, and the American Cancer
Society.

Similar legislation was signed into law in California in 2008, the
first state to enact such a measure.

 PRIOR LEGISLATIVE HISTORY :
New legislation.

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
The act would take effect immediately.

2009-S3600A (ACTIVE) - Bill Text download pdf

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

                                 3600--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced by Sens. PARKER, DILAN, HASSELL-THOMPSON, KRUEGER, SAMPSON --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  in  relation to creating the menu nutritional disclosure act of
  2010

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be  known and may be cited as the "menu
nutritional disclosure act of 2010".
  S 2. 1.  For purposes of this act,  the  following  definitions  shall
apply:
  (a)  "Food  facility" means a food facility in the state that operates
under common ownership or control with at least 9 other food  facilities
with  the  same  name in the state that offer for sale substantially the
same menu items, or operates as a franchised outlet of a parent  company
with at least 9 other franchised outlets with the same name in the state
that  offer  for  sale  substantially the same menu items, except that a
"food facility" does not include the following:
  (i) Certified farmer's markets.
  (ii) Commissaries.
  (iii) Licensed health care facilities.
  (iv) Mobile support units.
  (v) Restricted food service facilities.
  (vi) Retail stores in which a majority of sales are from a pharmacy.
  (vii) Vending machines.
  (b) "Calorie content information" means the total number  of  calories
per standard menu item, as that item is usually prepared and offered for
sale.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09356-04-0

S. 3600--A                          2

  (c)  "Drive-through"  means  an  area  where a customer may provide an
order for and receive standard menu items while occupying a motor  vehi-
cle.
  (d)  "Menu  board" means a posted list or pictorial display of food or
beverage items offered for sale by a food facility.  "Menu  board"  does
not include printed or pictorial materials for the purpose of marketing.
  (e) "Menu" means a printed list or pictorial display of food or bever-
age  items offered for sale by a food facility. "Menu" shall not include
printed or pictorial materials for the purpose of marketing.
  (f) "Food item tag" means a label or placard that identifies any  food
item  displayed  for  sale at a food facility. "Food item tag" shall not
include printed or pictorial materials for the purpose of marketing.
  (g) "Nutritional information" includes, but is not limited to, all  of
the  following, per standard menu item, as that item is usually prepared
and offered for sale:
  (i) Total number of calories.
  (ii) Total number of grams of carbohydrates.
  (iii) Total number of grams of saturated fat.
  (iv) Total number of milligrams of sodium.
  (h) "Point of sale" means the  location  where  a  customer  makes  an
order.
  (i)  "Standard  menu  item"  means a food or beverage item offered for
sale by a food facility through a menu, menu board, or food item tag  at
least  180 days per calendar year, except that "standard menu item" does
not include any of the following:
  (i) A food item that is customized on a case-by-case basis in response
to an unsolicited customer request.
  (ii) An alcoholic beverage, the labeling of which is not regulated  by
the federal food and drug administration.
  (iii)  A  packaged  food  otherwise  subject to the nutrition labeling
requirements of the federal Nutrition  Labeling  and  Education  Act  of
1990.
  (iv) A food item when served at a consumer self-service salad bar.
  (v)  A  food  or  beverage item when served at a consumer self-service
buffet.
  (vi) Condiments.
  (vii) Other items placed on counters or tables for use without  charge
to consumers.
  (j)  "Reasonable  basis"  means any reasonable means recognized by the
federal food and drug administration of determining nutritional informa-
tion, as well as calorie content information, for a standard menu  item,
as usually prepared and offered for sale, including, but not limited to,
nutrient databases and laboratory analyses.
  (k)  "Appetizer" means a food item that is generally served prior to a
food item that is generally regarded as the primary food item in a meal.
An "appetizer" includes a first course, starter, or small plate.
  (l) "Dessert" means a food item that is generally served after a  food
item  that  is  generally  regarded  as the primary food item in a meal.
"Dessert" includes, but is not limited to, cakes,  pastries,  pies,  ice
cream  and  food  items  that  contain ice cream, confections, and other
sweets.
  2. (a) Commencing July 1, 2011 and remaining in effect until  December
31,  2012,  inclusive,  every  food  facility shall disclose nutritional
information as required by paragraph (b) of this subdivision  or  comply
with the requirements of subdivision 3 of this section during this time.

S. 3600--A                          3

  (b)  (i)  In order to comply with paragraph (a) of this subdivision, a
food facility that does not provide sit-down service shall disclose  the
information in a clear and conspicuous manner on a brochure that is made
available  at  the  point of sale prior to or during the placement of an
order.  A food facility that provides sit-down service shall provide the
nutritional information in a clear and conspicuous size and typeface  on
at least one of the following:
  (1) A brochure available on the table.
  (2) A menu next to each standard menu item.
  (3)  A  menu, under an index section that is separate from the listing
of standard menu items.
  (4) A menu insert.
  (5) A table tent on the table.
  (ii) Notwithstanding subparagraph (i) of this paragraph, a food facil-
ity that has a drive-through area and uses a menu board  to  display  or
list standard menu items at the point of sale shall, for purposes of the
drive-through area only, disclose the nutritional information in a clear
and  conspicuous  manner on a brochure or other printed material that is
available upon request, and shall conspicuously display a notice at  the
point  of  sale  that  reads: "NUTRITIONAL INFORMATION IS AVAILABLE UPON
REQUEST" or other similar statement that  indicates  the  disclosure  of
nutritional information is available upon request.
  3. (a) On and after January 1, 2013, every food facility that provides
a  menu  shall  disclose calorie content information for a standard menu
item next to the item on the menu in a size and typeface that  is  clear
and conspicuous.
  (b)  On  and  after  January 1, 2013, every food facility that uses an
indoor menu board shall disclose calorie content information for a stan-
dard menu item next to the item on the menu board in a size and typeface
that is clear and conspicuous.
  (c) On and after January 1, 2013, every food facility that uses a food
item tag as an alternative to a menu or menu board to describe a  stand-
ard  menu  item  that is displayed for sale in a display case within the
food facility shall disclose calorie content information for that stand-
ard menu item on the food item tag for that item in a size and  typeface
that is clear and conspicuous.
  (d)  On  and  after  January  1,  2013, every food facility that has a
drive-through area and uses a menu board to  display  or  list  standard
menu items at the point of sale shall, for purposes of the drive-through
area  only,  disclose the nutritional information for each standard menu
item in a clear and conspicuous manner on a brochure  or  other  printed
material that is available upon request, and shall clearly and conspicu-
ously  display  a  notice  at the point of sale that reads: "NUTRITIONAL
INFORMATION IS AVAILABLE UPON REQUEST" or other similar  statement  that
indicates  the  disclosure  of nutritional information is available upon
request.  If a food facility subject to this paragraph discloses  nutri-
tional  information  in  the  manner  described in paragraph (b) of this
subdivision, the food facility shall be deemed to be in compliance  with
this paragraph.
  4.  For  purposes  of subdivision 3 of this section, the disclosure of
calorie content information on a menu or menu board next to  a  standard
menu  item  that is a combination of at least two standard menu items on
the menu or menu board, shall, based upon all possible combinations  for
that standard menu item, include both the minimum amount of calories for
the calorie count information and the maximum amount of calories for the

S. 3600--A                          4

calorie count information. If there is only one possible total amount of
calories, then this total shall be disclosed.
  5.  For  purposes  of subdivision 3 of this section, the disclosure of
calorie content information on a menu or menu board next to  a  standard
menu  item that is not an appetizer or dessert, but is intended to serve
more than one individual, shall include both of the following:
  (a) The number of individuals intended to be served  by  the  standard
menu item.
  (b)  The  calorie  content  information per individual serving. If the
standard menu item is a combination of at least two standard menu items,
this disclosure shall, based upon all  possible  combinations  for  that
standard  menu item, include both the minimum amount of calories for the
calorie count information and the maximum amount of calories.  If  there
is  only one possible total amount of calories, then this total shall be
disclosed.
  6. For beverage items, a range of calorie  count  information  may  be
provided,  which  includes  both  the minimum amount of calories for any
beverage item and the maximum amount of calories.
  7.   The  nutritional  information  and  calorie  content  information
required  by  this  act  shall  be  determined  on a reasonable basis. A
reasonable basis determination of nutritional  information  and  calorie
content  information shall be required only once per standard menu item,
provided that portion size is reasonably consistent and the food facili-
ty follows a standardized recipe and trains to a  consistent  method  of
preparation.
  8.  Menus and menu boards may include a disclaimer that indicates that
there may be variations in nutritional content across servings, based on
variations in overall size and quantities of ingredients, and  based  on
special ordering.
  9.  This  act  shall  not be construed to create or enhance any claim,
right of action, or civil liability that did not previously exist  under
state  law  or limit any claim, right of action, or civil liability that
otherwise exists under state law. No private right of action shall arise
out of this act. The only enforcement mechanism of this act shall be the
local enforcement agency.
  10. This act shall not be construed to preclude any food facility from
voluntarily  providing  nutritional  information  in  addition  to   the
requirements of this act.
  11.  To  the  extent consistent with federal law, this act, as well as
any other state law that regulates the disclosure of nutritional  infor-
mation, is a matter of statewide concern and occupies the whole field of
regulation regarding the disclosure of nutritional information by a food
facility  as well as content required to be posted on menus, menu boards
and food item tags. No ordinance or regulation  of  a  local  government
shall  regulate  the  dissemination  of  nutritional  information or the
content required to be placed on menus, menu boards or food item tags by
a food facility. Any ordinance or regulation that violates this prohibi-
tion is void and shall have no force or effect.
  12. Commencing July 1, 2011, a food facility that violates this act is
guilty of an infraction, punishable by a fine of  not  less  than  fifty
dollars  or  more  than five hundred dollars, which may be assessed by a
local enforcement agency. However, a food facility may not be  found  to
violate  this  act  more than once during an inspection visit.  Notwith-
standing the penal law or any other provision of law to the contrary,  a
violation of this act shall not constitute a misdemeanor.

S. 3600--A                          5

  13. Within 180 days after the effective date of this act, the New York
state  department  of  health  shall promulgate regulations defining the
specific requirements that constitute substantial compliance  with  this
act by food facilities.
  14. If any provision of this act or the application thereof is for any
reason  held  invalid,  ineffective,  or  unconstitutional by a court of
competent jurisdiction, the remainder of this act shall not be  affected
thereby, and to this end, the provisions of this act are severable.
  S 3. This act shall take effect immediately.

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Senate Bill S3600

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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