Senate Bill S6386A

2011-2012 Legislative Session

Sets nutrition standards for restaurants distributing incentive items aimed at children

download bill text pdf

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
Jun 04, 2012	print number 6386a
Jun 04, 2012	amend and recommit to health
Feb 02, 2012	referred to health

Bill Amendments

2011-S6386 - Details

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

2011-S6386 - Summary

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

2011-S6386 - Sponsor Memo

                                BILL NUMBER:S6386

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. Heals will be required to fall within
certain nutritional guidelines which will limit the amount of fat,
sugar and sodium per meal. If a meal that is geared for children
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, game, 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 (1352-d) goes on to state that a restaurant may only offer
an incentive item in combination with the purchase of a meal when the
meal meets certain nutritional standards (less than 500 calories,
less than 600 mg of sodium, less than 353 of total calories from fat,
less than 10% of total calories from saturated fats, less than 10% of
calories from added sugars, must contain 1/4 cup of fruits or
vegetables or 1 serving of whole grain products). This section is
also amended to include stipulations about the inclusion of an
incentive item in the purchase of a single food item or a beverage
item.

Penalties for violation of the provisions will result in:

1st violation - no less than $200, no more than $500 fine

2nd Violation - no less than $500, no more than $1,000 fine 3rd
violation - no less than $1,000, no more than $1,500 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 $237.6 million
in 2005.

The food that is served in restaurants that is geared toward our
children 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 recommended healthy nutritional
standards set for cur children by the US 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 $360 million was spent in 2006 by ten major restaurant
chains on incentive 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
incentive items. These standards will support families seeking
healthy eating choices for their children. Children will be
encouraged to make healthier choices when eating out.

FISCAL IMPLICATIONS:
None.

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

2011-S6386 - Bill Text download pdf

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

                                  6386

                            I N  S E N A T E

                            February 2, 2012
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed 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 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:
  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11079-02-2

S. 6386                             2

  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.

2011-S6386A (ACTIVE) - Details

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

2011-S6386A (ACTIVE) - Summary

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

2011-S6386A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6386A

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 and sodium per meal. If a meal that is geared for children
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, game, 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 (1352-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 - no less than $200, no more than $500 fine

2nd Violation - no less than $500, no more than $1,000 fine 3rd
Violation - no less than $1,000, no more than $1,500 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 $237.6 million
in 2005.

The food that is served in restaurants that is geared toward our
children 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 recommended healthy nutritional
standards set for cur children by the us 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 $360 million was spent in 2006 by ten major restaurant
chains on incentive 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
incentive items. These standards will support families seeking
healthy eating choices for their children. Children will be
encouraged to make healthier choices when eating out.

FISCAL IMPLICATIONS:
None.

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

2011-S6386A (ACTIVE) - Bill Text download pdf

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

                                 6386--A

                            I N  S E N A T E

                            February 2, 2012
                               ___________

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

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

                                                           LBD11079-05-2

S. 6386--A                          2

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.

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Senate Bill S6386A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2011-S6386 - Details

2011-S6386 - Summary

2011-S6386 - Sponsor Memo

2011-S6386 - Bill Text download pdf

2011-S6386A (ACTIVE) - Details

2011-S6386A (ACTIVE) - Summary

2011-S6386A (ACTIVE) - Sponsor Memo

2011-S6386A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S6386A

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2011-S6386 - Details

2011-S6386 - Summary

2011-S6386 - Sponsor Memo

2011-S6386 - Bill Text download pdf

2011-S6386A (ACTIVE) - Details

2011-S6386A (ACTIVE) - Summary

2011-S6386A (ACTIVE) - Sponsor Memo

2011-S6386A (ACTIVE) - Bill Text download pdf

Comments