NY State Assembly Bill 2009-A9027

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	ordered to third reading cal.639 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly ordered to third reading rules cal.672 rules report cal.672 reported reported referred to rules
Jun 19, 2009	referred to health

co-Sponsors

2009-A9027 (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §1352-d, Pub Health L; amd §2, Chap of 2009 (as proposed in A. 2720-A)

2009-A9027 (ACTIVE) - Summary

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

2009-A9027 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9027

TITLE OF BILL:
An act
to amend the public health law, in relation to requiring certain
restaurants and food service establishments to post calorie value of
food items; and to amend a chapter of the laws of 2009 amending the
public health law relating to the posting of
caloric value of food items, as proposed
in legislative bill number A.2720-A, in relation to requiring certain
restaurant and food service establishments to post the caloric value of
food items

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

SUMMARY OF SPECIFIC PROVISIONS: Would add a new
section 1352-e
authorizing the Commissioner of Health to develop regulations
requiring restaurants and food service establishments to prominently
post calorie information 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 establishments 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 proximity to the
applicable menu or food item so that it is clearly associated with
such item, and in a font and format that is at least as prominent, in
size and appearance, as that used to post either the name or price of
the menu item. 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 shall be posted. Combinations
having only one value shall list that total.

* This section shall not apply to menu items listed for less than
thirty days in one calendar year.

* Nothing shall prohibit providing additional nutrition information or
providing a disclaimer about minor variations in calorie levels
because of ingredients, serving sizes and customer preferences.

* 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 and for alcoholic
beverages.

* Calorie 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, the same as 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.

A chain restaurant or food service establishment shall mean an
establishment engaged in the preparation, serving and sale of food or
beverages or meals with standardized preparations, portion sizes and
content intended for individual portion service. The establishment
would be one of at least fifteen such restaurants or establishments
doing business nationally and operating under common ownership or
control, or as franchises or 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 20-C of the Ag & Mkts. law except for
sections that have been determined by the Commission to be chain
restaurants or food service establishments as defined in this section.

Violations would occur because of failure to post calorie values,
failure to obtain calorie analyses or documentation, or knowingly or
recklessly listing wrong calorie information. Health inspectors are
not required to verify accuracy, but the Commissioner can ask for
documentation of accuracy. The Commissioners shall establish
regulations for calorie analysis using databases, lab testing or
other acceptable methods, and for recordkeeping. 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, and that require 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-e 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. 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.
CDC found that $75 billion is spent nationally each year on obesity

related medical costs, half of it public dollars through Medicaid and
Medicare. It was estimated that $3.5 billion of New York's Medicaid
spending is due to obesity.

While 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
establishments. 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 get nutrition labeling on packaged foods.
However, they are now getting more of their food from restaurants and
other food service establishments 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 calorie
information could empower parents, and 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. Over 80% of NYS
residents say they would support a bill similar to what was passed in
New York City to require those chains and fast food establishments to
show the calorie for their offerings.

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
restaurants offer or how they cook it.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

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

2009-A9027 (ACTIVE) - Bill Text download pdf

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

                                  9027

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2009
                               ___________

Introduced by M. of A. ORTIZ, GOTTFRIED -- read once and referred to the
  Committee on Health

AN  ACT to amend the public health law, in relation to requiring certain
  restaurants and food service establishments to post calorie  value  of
  food  items;  and  to amend a chapter of the laws of 2009 amending the
  public health law relating to the posting of  caloric  value  of  food
  items, as proposed in legislative bill number A.2720-A, in relation to
  requiring  certain  restaurant and food service establishments to post
  the 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.  Section  1352-d  of  the public health law, as added by a
chapter of the laws of 2009 amending the public health law  relating  to
the  posting  of caloric value of food items, as proposed in legislative
bill number A.2720-A, is relettered section 1352-e and amended  to  read
as follows:
  S  1352-e.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12112-02-9

A. 9027                             2

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
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: (A) for the posting of calorie content
value information per serving for menu items that are  clearly  intended
for serving more than one individual; AND (B) TO PROVIDE FOR THE POSTING
OF  CALORIE  CONTENT  VALUE INFORMATION FOR ALCOHOLIC BEVERAGES BY TYPE.
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  adja-
cent  to their respective menu item names, [as] AND IN A FONT AND FORMAT
THAT IS AT LEAST AS PROMINENT, IN SIZE AND APPEARANCE, AS THAT  USED  TO
POST  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.   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 MINOR vari-
ations  in actual calorie content because of variability in factors such
as ingredients, actual serving sizes and customer ordering preferences.
  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] INDIVIDUAL PORTION SERVICE, regardless of whether  consump-
tion takes place on or off the premises, that is one of at least fifteen
such restaurants or establishments doing business nationally and operat-
ing  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 establishments 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] A CHAIN RESTAURANT OR FOOD  SERVICE  ESTAB-
LISHMENT  VIOLATES  THE  PROVISIONS OF THIS SECTION IF THE RESTAURANT OR
FOOD SERVICE ESTABLISHMENT: (A) FAILS TO POST CALORIE CONTENT VALUES  AS
REQUIRED  BY  THIS  SECTION;  (B)  FAILS TO OBTAIN CALORIE CONTENT VALUE
ANALYSES AND MAINTAIN DOCUMENTATION OF SUCH ANALYSES AS REQUIRED BY THIS

A. 9027                             3

SECTION; OR (C) KNOWINGLY OR RECKLESSLY LISTS ON MENUS, MENU  BOARDS  OR
FOOD  ITEM  TAGS CALORIE CONTENT VALUES THAT ARE MATERIALLY INCORRECT OR
MISLEADING. 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:  (A)  to  determine  such  calorie  content
values  using analysis such as nutrient databases, laboratory testing or
other acceptable methods of analysis; AND (B) TO MAINTAIN  DOCUMENTATION
OF  SUCH  ANALYSES.   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.
  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] AND THAT REQUIRE nutrition information posting  on  menus  or
menu boards or food item tags.
  S  2.  Section 2 of a chapter of the laws of 2009, amending the public
health law relating to the posting of caloric value of  food  items,  as
proposed  in  legislative  bill  number  A.2720-A, is amended to read as
follows:
  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].
  S 3. This act shall take effect immediately; provided that section one
of this act shall take effect on the same date and in the same manner as
a chapter of the laws of 2009 amending the public health law relating to
the posting of caloric value of food items, as proposed  in  legislative
bill number A.2720-A, takes effect.

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Assembly Bill A9027

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Archive: Last Bill Status - On Floor Calendar

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co-Sponsors

2009-A9027 (ACTIVE) - Details

2009-A9027 (ACTIVE) - Summary

2009-A9027 (ACTIVE) - Sponsor Memo

2009-A9027 (ACTIVE) - Bill Text download pdf

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ORTIZ

Archive: Last Bill Status - On Floor Calendar

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co-Sponsors

Richard Gottfried

2009-A9027 (ACTIVE) - Details

2009-A9027 (ACTIVE) - Summary

2009-A9027 (ACTIVE) - Sponsor Memo

2009-A9027 (ACTIVE) - Bill Text download pdf

Comments