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.