NY State Senate Bill S779A

Archive: Last Bill Status - In Senate Committee Codes Committee

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

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2016	reported and committed to codes
Jan 13, 2016	print number 779a
Jan 13, 2016	amend and recommit to health
Jan 06, 2016	referred to health
May 19, 2015	reported and committed to codes
Jan 07, 2015	referred to health

Votes

view votes

Feb 9, 2016 - Health committee Vote

S779A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 19, 2015 - Health committee Vote

S779

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S779 - Details

See Assembly Version of this Bill:: A6145
Current Committee:: Senate Codes
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7849, A7662
2013-2014: S937, A5886
2017-2018: S1074, A3375
2019-2020: S486, A2845
2021-2022: A4765

S779 - Summary

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

S779 - Sponsor Memo

BILL NUMBER:S779

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
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-e 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 (1352-e) 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
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 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 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 to the State.

EFFECTIVE DATE:

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

S779 - Bill Text download pdf

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

                                   779

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. RIVERA, KENNEDY -- 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-e to read as follows:
  S 1352-E. 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

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

                                                           LBD04332-01-5

S. 779                              2

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 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.

Co-Sponsors

S779A (ACTIVE) - Details

See Assembly Version of this Bill:: A6145
Current Committee:: Senate Codes
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7849, A7662
2013-2014: S937, A5886
2017-2018: S1074, A3375
2019-2020: S486, A2845
2021-2022: A4765

S779A (ACTIVE) - Summary

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

S779A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S779A

 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
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-f 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 (1352-e) 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
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 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 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 to the State.

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

S779A (ACTIVE) - Bill Text download pdf

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

                                 779--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. RIVERA, KENNEDY, PANEPINTO -- read twice and ordered
  printed,  and  when printed to be committed to the Committee on Health
  -- recommitted to the Committee on Health in  accordance  with  Senate
  Rule  6,  sec.  8  --  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-f to read as follows:
  S 1352-F. 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.
                                                           LBD04332-02-6

S. 779--A                           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 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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The New York State Senate

senate Bill S779A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Votes

Feb 9, 2016 - Health committee Vote

Health Committee Vote: Feb 9, 2016

May 19, 2015 - Health committee Vote

Committee Vote: May 19, 2015

Bill Amendments

Co-Sponsors

S779 - Details

S779 - Summary

S779 - Sponsor Memo

S779 - Bill Text download pdf

Co-Sponsors

S779A (ACTIVE) - Details

S779A (ACTIVE) - Summary

S779A (ACTIVE) - Sponsor Memo

S779A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S779A

Share this bill

Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Votes

Feb 9, 2016 - Health committee Vote

Health Committee Vote: Feb 9, 2016

May 19, 2015 - Health committee Vote

Committee Vote: May 19, 2015

Bill Amendments

Co-Sponsors

Timothy M. Kennedy

Marc Panepinto

S779 - Details

S779 - Summary

S779 - Sponsor Memo

S779 - Bill Text download pdf

Co-Sponsors

Timothy M. Kennedy

Marc Panepinto

S779A (ACTIVE) - Details

S779A (ACTIVE) - Summary

S779A (ACTIVE) - Sponsor Memo

S779A (ACTIVE) - Bill Text download pdf

Comments