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.