senate Bill S7849

2011-2012 Legislative Session

Sets nutrition standards for restaurants distributing incentive items aimed at children

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 21, 2012 referred to rules

S7849 - Bill Details

See Assembly Version of this Bill:
A7662C
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add ยง1352-d, Pub Health L

S7849 - Bill Texts

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

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BILL NUMBER:S7849

TITLE OF BILL:
An act to amend the public health law, in relation to setting nutrition
standards for restaurants distributing incentive items aimed at children

PURPOSE:
This legislation will set standards by which fast food restaurants must
adhere to with regard to the distribution of incentives with the
purchase of children's meals. Meals will be required to fall within
certain nutritional guidelines which will limit the amount of fat,
sugar, calories and sodium per meal. If a meal that is geared for chil-
dren falls outside of these guidelines, the restaurant will be forced to
remove the incentive item.

SUMMARY OF PROVISIONS:
The public health law is amended by adding a new section 1352-d which
defines the terms:

-incentive item - any toy, mane, trading card, admission ticket or other
consumer product, whether physical or digital, with particular appeal to
children, which is provided directly by the restaurant

-meal - any combination of food and drink items offered together for a
single price

- restaurant - any coffee shop, cafeteria, luncheonette, sandwich stand,
diner, short order cafe, fast food establishment, soda fountain, and any
other eating or beverage establishment, which gives or offers for sale
food or beverages to the public

This section (1152-d) goes on to state that the commissioner shall make
regulations establishing nutrition standards for meals, food items, and
beverages offered for purchase in combination with an incentive item by
a restaurant.

Penalties for violation of the provisions will result in:

1st violation - up to $500 fine

2nd Violation - up to $1,000 fine

3rd Violation - up to $2,500 fine

JUSTIFICATION:
Obesity in this country has grown into an alarming epidemic. Seventy-
three million Americans are obese according to a 2010 report issued by
the Center for Disease Control, which is a large increase from the 2.4
million obese Americans in 2007. Furthermore, at least 17 of American
Children (ages 2-19 years) are how considered overweight or obese.

Obesity in our children comes with increased health risks, both now and
in the future during adulthood. Children who are overweight or obese
also have an increased risk for being overweight or obese when they are
older. The cost of obesity is also extremely serious. Nationally, the
annual cost of providing inpatient treatment to children diagnosed with
obesity increased from $125.9 million in 2001 to $217.6 million in 2005.

The food that is served in restaurants that is geared toward our chil-
dren is often the culprit in this obesity epidemic. Studies have shown a
positive association between eating out, higher caloric intakes, and
higher body weights. Children often eat nearly twice as many calories
(an average of 770) when they eat a meal at a restaurant than they do
when they eat at home (an average of 420). What is also alarming is the
fact that the meals served in restaurants often fail to meet the recom-
mended healthy nutritional standards set for our children by the U.S.
Department of Health and Human Services.

Restaurants are encouraging our children to make these unhealthy choices
by linking them, with a free toy or other incentive item. An estimated
$60 million was spent in 2006 by ten major restaurant chains on incen-
tive items to distribute with their children's meals. This legislation
does not seek to ban these toys and incentives, but rather use them to
reward healthier purchases. Linking toys with healthier options will
reward our children for making better nutritional choices.

This legislation will improve the health of the children of New York
State by setting healthy nutritional guidelines for children's meals
that are served in restaurants and accompanied by toys or other incen-
tive items. These standards will support families seeking healthy eating
choices for their children. Children will be encouraged to make healthi-
er choices when eating out.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall become law.

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

                                  7849

                            I N  S E N A T E

                           September 21, 2012
                               ___________

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

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:

  Section  1.  The  public health law is amended by adding a new section
1352-d to read as follows:
  S 1352-D. INCENTIVE ITEMS WITH RESTAURANT FOOD. 1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
  A. "INCENTIVE ITEM" SHALL MEAN ANY TOY, GAME, TRADING CARD,  ADMISSION
TICKET  OR  OTHER  CONSUMER  PRODUCT,  WHETHER PHYSICAL OR DIGITAL, WITH
PARTICULAR APPEAL TO CHILDREN, WHICH IS PROVIDED DIRECTLY BY THE RESTAU-
RANT, OR ANY COUPON, VOUCHER, TICKET, TOKEN, CODE OR PASSWORD  WHICH  IS
PROVIDED  DIRECTLY  BY  THE  RESTAURANT  AND IS REDEEMABLE FOR OR GRANTS
DIGITAL OR OTHER ACCESS TO ANY TOY, GAME, TRADING CARD, ADMISSION  TICK-
ET, OR OTHER CONSUMER PRODUCT WITH PARTICULAR APPEAL TO CHILDREN.
  B.  "MEAL"  SHALL MEAN ANY COMBINATION OF FOOD AND DRINK ITEMS OFFERED
TOGETHER FOR A SINGLE PRICE.
  C. "RESTAURANT" SHALL MEAN ANY COFFEE SHOP,  CAFETERIA,  LUNCHEONETTE,
SANDWICH  STAND,  DINER, SHORT ORDER CAFE, FAST FOOD ESTABLISHMENT, SODA
FOUNTAIN, AND ANY OTHER EATING OR BEVERAGE ESTABLISHMENT, WHICH GIVES OR
OFFERS FOR SALE FOOD OR BEVERAGES TO THE  PUBLIC,  GUESTS,  MEMBERS,  OR
PATRONS,  WHETHER  FOOD  OR BEVERAGES ARE CUSTOMARILY CONSUMED ON OR OFF
THE PREMISES.
  2. THE COMMISSIONER SHALL MAKE  REGULATIONS  ESTABLISHING  NUTRITIONAL
STANDARDS  FOR  MEALS, FOOD ITEMS, AND BEVERAGES THAT MAY BE OFFERED FOR
PURCHASE IN COMBINATION WITH AN INCENTIVE  ITEM  BY  A  RESTAURANT.    A
RESTAURANT  MAY OFFER AN INCENTIVE ITEM IN COMBINATION WITH THE PURCHASE
OF A MEAL, FOOD ITEM, OR BEVERAGE, ONLY  IF  THE  MEAL,  FOOD  ITEM,  OR
BEVERAGE,  MEETS  NUTRITIONAL  STANDARDS ESTABLISHED BY THE COMMISSIONER
UNDER THIS SECTION.  NUTRITIONAL  STANDARDS  UNDER  THIS  SECTION  SHALL
INCLUDE  BUT  ARE NOT LIMITED TO:  CALORIES; SODIUM; PERCENTAGE OF CALO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11079-08-2

S. 7849                             2

RIES FROM FAT (WHICH MAY DIFFERENTIATE AMONG KINDS OR SOURCES  OF  FAT);
SUGARS AND CALORIC SWEETENERS; AND FRUITS, VEGETABLES, AND GRAINS.
  3. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION SHALL
BE  LIABLE FOR A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS FOR A FIRST
VIOLATION THEREOF; UP TO ONE THOUSAND DOLLARS  FOR  A  SECOND  VIOLATION
THEREOF;  AND  UP  TO  TWO  THOUSAND FIVE HUNDRED DOLLARS FOR A THIRD OR
SUBSEQUENT VIOLATION THEREOF.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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