The New York State Senate

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

                                 3871--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2019
                               ___________

Introduced  by  M.  of  A.  ORTIZ,  SAYEGH,  JACOBSON,  FALL, GOTTFRIED,
  EPSTEIN, SIMON, TAYLOR, RODRIGUEZ, WILLIAMS, RAYNOR, BICHOTTE, ARROYO,
  DAVILA -- Multi-Sponsored by -- M. of A. M. L. MILLER -- read once and
  referred to the Committee on Health -- reported and  referred  to  the
  Committee  on Codes -- reported and referred to the Committee on Rules
  -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to the Committee on Rules

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08222-03-9

A. 3871--A                          2

  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
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 one year after it shall have become  a
law.