S T A T E O F N E W Y O R K
________________________________________________________________________
8266
2015-2016 Regular Sessions
I N A S S E M B L Y
June 16, 2015
___________
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 requiring chain
restaurants to label menu items that have a high content of sodium
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
1356 to read as follows:
S 1356. CHAIN RESTAURANTS; SODIUM CONTENT OF MENU ITEMS. 1. FOR
PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
A. "CHAIN RESTAURANT" SHALL MEAN A RESTAURANT WHICH IS ONE OF FIFTEEN
OR MORE RESTAURANTS THAT ARE OPERATED UNDER THE SAME NAME AT DIFFERENT
LOCATIONS WITHIN THE STATE AND ARE OPERATED UNDER THE SAME OWNERSHIP OR
BY FRANCHISE AGREEMENTS.
B. "RESTAURANT" SHALL MEAN ANY COMMERCIAL EATING ESTABLISHMENT WHICH
IS DEVOTED, WHOLLY OR IN PART, TO THE SALE OF FOOD FOR ON-PREMISES
CONSUMPTION.
2. EVERY CHAIN RESTAURANT OPERATING WITHIN THIS STATE SHALL CAUSE TO
BE PLACED ON ITS MENUS A SALT-SHAKER-LIKE SYMBOL NEXT TO ANY FOOD ITEM
THAT IS OFFERED FOR SALE BY SUCH RESTAURANT THAT CONTAINS MORE THAN TWO
THOUSAND THREE HUNDRED MILLIGRAMS OF SODIUM. SUCH MENUS SHALL ALSO
CONTAIN A STATEMENT THAT THE PLACEMENT OF SUCH SALT-SHAKER-LIKE SYMBOL
NEXT TO A MENU ITEM INDICATES THAT SUCH MENU ITEM CONTAINS MORE THAN TWO
THOUSAND THREE HUNDRED MILLIGRAMS OF SODIUM.
3. ANY CHAIN RESTAURANT THAT VIOLATES THE PROVISIONS OF THIS SECTION
SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY
DOLLARS FOR EACH MENU THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS
SECTION.
S 2. The provisions of this act shall not apply to chain restaurants
located in any city with a population of one million or more on and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11614-02-5
A. 8266 2
after the date on which such city, or any department of such city,
adopts or enacts, a rule, regulation, ordinance, local law, order or
policy having the same or substantially similar effect as the provision
of this act; provided, however, that any restaurant located in such city
shall be used in calculating the number of restaurants located within
this state for purposes of paragraph a of subdivision 1 of section 1356
of the public health law as added by section one of this act.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.