The New York State Senate

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

                                  4534

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2017
                               ___________

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:
  §  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.
  §  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.

                                                           LBD08860-01-7

A. 4534                             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.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.