The New York State Senate

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

                                  7886

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2019
                               ___________

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 setting  nutrition
  standards for restaurant meals targeting children

  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. RESTAURANT MEALS TARGETING CHILDREN.  1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
  A.  "TARGETING  CHILDREN"  SHALL MEAN AN ACTION OR ACTIONS DESIGNED TO
MAKE A MEAL, FOOD, OR BEVERAGE OFFERED  FOR  PURCHASE  BY  A  RESTAURANT
APPEAL  TO CHILDREN. SUCH ACTIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO,
THE PRESENCE OF A MEAL, FOOD OR BEVERAGE ON A MENU DESIGNATED AS A KIDS'
MENU OR A MENU OTHERWISE DESIGNED FOR CHILDREN.  THE COMMISSIONER  SHALL
PROMULGATE  RULES  AND  REGULATIONS  REGARDING  WHAT  ACTIONS CONSTITUTE
TARGETING 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 TARGETING  CHILDREN  THAT
MAY BE OFFERED FOR PURCHASE IN COMBINATION BY A RESTAURANT. A RESTAURANT
MAY OFFER THE PURCHASE OF A MEAL, FOOD ITEM, OR BEVERAGE TARGETING CHIL-
DREN, ONLY IF THE MEAL, FOOD ITEM, OR BEVERAGE, MEETS NUTRITIONAL STAND-
ARDS  ESTABLISHED  BY  THE  COMMISSIONER UNDER THIS SECTION. NUTRITIONAL

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

                                                           LBD11639-02-9

A. 7886                             2

STANDARDS UNDER THIS SECTION SHALL  INCLUDE  BUT  ARE  NOT  LIMITED  TO:
CALORIES;  SODIUM;  PERCENTAGE OF CALORIES FROM FAT (WHICH MAY DIFFEREN-
TIATE 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 one year after it shall have become  a
law.