S T A T E O F N E W Y O R K
________________________________________________________________________
3375
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
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Introduced by M. of A. ORTIZ, MOSLEY, FAHY -- Multi-Sponsored by -- M.
of A. MAGEE -- 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-f to read as follows:
§ 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.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02085-01-7
A. 3375 2
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.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.