Assembly Bill A7662C

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

                                  7662

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

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

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 TIME" 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. A RESTAURANT MAY OFFER AN INCENTIVE ITEM IN  COMBINATION  WITH  THE
PURCHASE  OF  A  MEAL  ONLY  IF THE MEAL MEETS THE FOLLOWING NUTRITIONAL
STANDARDS:
  A. LESS THAN FIVE HUNDRED CALORIES;
  B. LESS THAN SIX HUNDRED MILLIGRAMS OF SODIUM;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11079-01-1
              

A. 7662                             2

  C. LESS THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES  FROM  FAT,  EXCEPT
FOR FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT BUTTER;
  D. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS, EXCEPT
FOR  SATURATED FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT
BUTTER;
  E. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM  ADDED  SUGARS  AND/OR
CALORIC SWEETENERS;
  F.  CONTAINS  ONE  HALF  CUP OF FRUITS OR VEGETABLES OR ONE SERVING OF
WHOLE-GRAIN PRODUCTS; AND
  G. A BEVERAGE, IF INCLUDED, THAT MEETS THE CRITERIA SPECIFIED IN PARA-
GRAPH E OF THIS SUBDIVISION.
  3. A RESTAURANT MAY OFFER AN INCENTIVE ITEM IN  COMBINATION  WITH  THE
PURCHASE  OF  A  SINGLE FOOD ITEM ONLY IF THE SINGLE FOOD ITEM MEETS THE
FOLLOWING NUTRITIONAL STANDARDS:
  A. LESS THAN TWO HUNDRED CALORIES;
  B. LESS THAN TWO HUNDRED MILLIGRAMS OF SODIUM;
  C. LESS THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES  FROM  FAT,  EXCEPT
FOR FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT BUTTER;
  D. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS, EXCEPT
FOR  SATURATED FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT
BUTTER;
  E. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM  ADDED  SUGARS  AND/OR
CALORIC SWEETENERS; AND
  F.  CONTAINS  ONE  HALF  CUP OF FRUITS OR VEGETABLES OR ONE SERVING OF
WHOLE-GRAIN PRODUCTS.
  4. A RESTAURANT MAY OFFER AN INCENTIVE ITEM IN  COMBINATION  WITH  THE
PURCHASE  OF  A BEVERAGE ONLY IF THE BEVERAGE MEETS THE FOLLOWING NUTRI-
TIONAL STANDARDS:
  A. LESS THAN ONE HUNDRED FIFTY CALORIES;
  B. LESS THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
  C. LESS THAN FIFTEEN PERCENT OF TOTAL CALORIES FROM SATURATED FAT;
  D. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM  ADDED  SUGARS  AND/OR
CALORIC SWEETENERS;
  E. NO ADDED NON-NUTRITIVE SWEETENERS;
  F.  NO  CAFFEINE,  WITH  THE  EXCEPTION  OF TRACE AMOUNTS OF NATURALLY
OCCURRING CAFFEINE SUBSTANCES.
  5. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION SHALL
BE LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED  DOLLARS  NOR
MORE  THAN  FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION THEREOF; NOT LESS
THAN FIVE HUNDRED DOLLARS NOR MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  A
SECOND  VIOLATION  THEREOF;  AND  NOT LESS THAN ONE THOUSAND DOLLARS NOR
MORE THAN 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.

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

                                 7662--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Health -- recommitted to the Committee on Health in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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. A RESTAURANT MAY OFFER AN INCENTIVE ITEM IN  COMBINATION  WITH  THE
PURCHASE  OF  A  MEAL  ONLY  IF THE MEAL MEETS THE FOLLOWING NUTRITIONAL
STANDARDS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11079-03-2
              

A. 7662--A                          2

  A. LESS THAN FIVE HUNDRED CALORIES;
  B. LESS THAN SIX HUNDRED MILLIGRAMS OF SODIUM;
  C.  LESS  THAN  THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT, EXCEPT
FOR FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT BUTTER;
  D. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS, EXCEPT
FOR SATURATED FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER  NUT
BUTTER;
  E.  LESS  THAN  TEN PERCENT OF TOTAL CALORIES FROM ADDED SUGARS AND/OR
CALORIC SWEETENERS;
  F. CONTAINS ONE HALF CUP OF FRUITS OR VEGETABLES  OR  ONE  SERVING  OF
WHOLE-GRAIN PRODUCTS; AND
  G. A BEVERAGE, IF INCLUDED, THAT MEETS THE CRITERIA SPECIFIED IN PARA-
GRAPH E OF THIS SUBDIVISION.
  3.  A  RESTAURANT  MAY OFFER AN INCENTIVE ITEM IN COMBINATION WITH THE
PURCHASE OF A SINGLE FOOD ITEM ONLY IF THE SINGLE FOOD  ITEM  MEETS  THE
FOLLOWING NUTRITIONAL STANDARDS:
  A. LESS THAN TWO HUNDRED CALORIES;
  B. LESS THAN TWO HUNDRED MILLIGRAMS OF SODIUM;
  C.  LESS  THAN  THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT, EXCEPT
FOR FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT BUTTER;
  D. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS, EXCEPT
FOR SATURATED FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER  NUT
BUTTER;
  E.  LESS  THAN  TEN PERCENT OF TOTAL CALORIES FROM ADDED SUGARS AND/OR
CALORIC SWEETENERS; AND
  F. CONTAINS ONE HALF CUP OF FRUITS OR VEGETABLES  OR  ONE  SERVING  OF
WHOLE-GRAIN PRODUCTS.
  4.  A  RESTAURANT  MAY OFFER AN INCENTIVE ITEM IN COMBINATION WITH THE
PURCHASE OF A BEVERAGE ONLY IF THE BEVERAGE MEETS THE  FOLLOWING  NUTRI-
TIONAL STANDARDS:
  A. LESS THAN ONE HUNDRED FIFTY CALORIES;
  B. LESS THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
  C. LESS THAN FIFTEEN PERCENT OF TOTAL CALORIES FROM SATURATED FAT;
  D.  LESS  THAN  TEN PERCENT OF TOTAL CALORIES FROM ADDED SUGARS AND/OR
CALORIC SWEETENERS;
  E. NO ADDED NON-NUTRITIVE SWEETENERS;
  F. NO CAFFEINE, WITH THE  EXCEPTION  OF  TRACE  AMOUNTS  OF  NATURALLY
OCCURRING CAFFEINE SUBSTANCES.
  5. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION SHALL
BE  LIABLE  FOR A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED DOLLARS NOR
MORE THAN FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION THEREOF;  NOT  LESS
THAN  FIVE  HUNDRED  DOLLARS  NOR  MORE  THAN ONE THOUSAND DOLLARS FOR A
SECOND VIOLATION THEREOF; AND NOT LESS THAN  ONE  THOUSAND  DOLLARS  NOR
MORE  THAN  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.

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

                                 7662--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Health -- recommitted to the Committee on Health in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11079-04-2

              

A. 7662--B                          2

  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-
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 NOT LESS THAN TWO HUNDRED  DOLLARS  NOR
MORE  THAN  FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION THEREOF; NOT LESS
THAN FIVE HUNDRED DOLLARS NOR MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  A
SECOND  VIOLATION  THEREOF;  AND  NOT LESS THAN ONE THOUSAND DOLLARS NOR
MORE THAN 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.