NY State Senate Bill 2019-S3795

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Feb 14, 2019	referred to health

2019-S3795 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Health
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3600
2011-2012: S1131
2013-2014: S3120
2015-2016: S1390
2017-2018: S2832

2019-S3795 (ACTIVE) - Summary

Requires certain food establishments to provide nutritional information to their customers.

2019-S3795 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3795

SPONSOR: PARKER
 
TITLE OF BILL:

An act to create the menu nutritional disclosure act of 2019

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation enacts the "Menu Nutritional Disclosure Act of 2017,"
requiring certain dining establishments to provide nutritional informa-
tion to consumers at the point of sale.

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation requires disclosure of nutritional information of
certain restaurants in New York. Under the provision of this act "food
facility" includes establishments that operate under the common owner-
ship of at least 10 other facilities in the state with similar menus:
and also, facilities that operate as an outlet of a parent company with
at least 9 other franchised outlets in the state. This legislation does

not apply to certified farmers' markets, commissaries, licensed health
care facilities, mobile support units, restricted food services facili-
ties, pharmacies and vending machines.

Beginning in July, 2019 and ending in December 31, 2020, every food
facility covered under this legislation must disclose nutritional infor-
mation (number of calories. grams of carbohydrates, grams or saturated
fat, milligrams of sodium) in, of any standard menu item through, at the
very least, a brochure available at the point of the sale. During this
time period, businesses providing sit-down service could also private
such nutritional information next to each standard menu item; in an
index section of the menu; or, in a menu insert. All drive-through
facilities would be required to have a sign informing customers that
nutritional information is available upon request.

Under the definitions of this bill, standard menu items would not
include alcoholic beverages, packaged food already containing nutri-
tional information, meals assembled at self-service salad bars and
buffets.

After January 1, 2021, such food facilities would be required to provide
calorie content information for a standard menu item next to each item
on the menu in a clear manner. A restaurant would be free to provide
this level of disclosure prior to 2012. Drive through restaurants would
be required to maintain a sign informing customers that nutritional
information is available upon request. After January 1, 2021, menu items
that are a combination of at least two standard menu items shall
include, based on all possible combinations for the item, both the mini-
mum and maximum caloric count information.

Entrees that intend to serve more than one person shall include the
number of individuals intended to be served by the item and also, the
number of calories per serving.

This legislation states that the nutritional information that is
required to be disclosed shall be determined on a reasonable basis.
Further, menus may contain a disclaimer that indicates there may be
variations on nutritional content across servings. A restaurant covered
under this act is not precluded from providing additional information
than that which is required.

This legislation shall not be construed to create or enhance any claim,
right of action, or civil liability that did not previously exist under
state law.

Effective July 1, 2019, a facility that violates this act shall be
punished by a fine of not less than fifty dollars or more than five
hundred dollars.

Further, this legislation shall preempt any local ordinance regulating
the dissemination of nutritional in information.

 
JUSTIFICATION:

This legislation aims to curb both childhood and adult obesity, and
other health ailments, by allowing consumers to make informed decisions
about their menu options at chain restaurants. As numerous local munici-
palities across the United States have begun taking the initiative in
passing menu labeling ordinances, there exists a need for statewide
standards, so as to not place an undue burden on dining establishments.

The New York State Department of Health estimates that roughly one
million young people are classified as obese. New Yorkers are becoming
increasingly overweight and obese. Between 1990 and 2002, a self-report-
ed height and weight study found obesity in New Yorkers increased 36%.

An overweight adolescent has a 70% chance of being an overweight adult,
if the adolescent has an overweight parent their likelihood of being
overweight increases to 80%. The New York City Department of Health and
Mental Hygiene stated that one of the causes of obesity is "readily
available processed foods that are high in fat and sugar".  Posting
nutritional information on menus will help to ease the obesity epidemic
confronting New York State as more consumers would exercise personal
responsibility in their diet choices.

Not only does obesity lead to health care implications, it also puts a
greater strain on the New York State budget. New York spends $6.1
billion dollars in adult obesity associated medical expenses, which is
the second highest amount across all the states. This $6.1 billion
translates to an additional $320 in health care costs per person because
of obesity.

It is recommended by the National Academies' Institute of Medicine that
restaurants "provide caloric content and other key nutritional informa-
tion on menus and packaging that is prominently visible at point of
choice and use". In general, supporters of menu labeling include the
Food and Drug Administration, the Surgeon General, the Society for
Nutrition and Education, AARP, the American Health Association, the
American Medical Association, and the American Cancer Society.  Similar
legislation was signed into law in California in 2008, the first state
to enact such a measure.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S2832 - Referred to Health
2015-2016: S.1390A - Amend and Recommit to Health
2013-2014: S.3120A - Amend and Recommit to Health
2011-2012: S.1131A - Health; A.3795-A -- Consumer Affairs Protection
2010: S.3600-A - Health; A.6425-A -- Consumer Affairs & Protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
The act would take effect immediately

2019-S3795 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3795
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to create the menu nutritional disclosure act of 2019
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act  shall  be  known and may be cited as the "menu
 nutritional disclosure act of 2019".
   § 2. 1. For purposes of this  act,  the  following  definitions  shall
 apply:
   (a)  "Food  facility" means a food facility in the state that operates
 under common ownership or control with at least 9 other food  facilities
 with  the  same  name in the state that offer for sale substantially the
 same menu items, or operates as a franchised outlet of a parent  company
 with at least 9 other franchised outlets with the same name in the state
 that  offer  for  sale  substantially the same menu items, except that a
 "food facility" does not include the following:
   (i) Certified farmer's markets.
   (ii) Commissaries.
   (iii) Licensed health care facilities.
   (iv) Mobile support units.
   (v) Restricted food service facilities.
   (vi) Retail stores in which a majority of sales are from a pharmacy.
   (vii) Vending machines.
   (b) "Calorie content information" means the total number  of  calories
 per standard menu item, as that item is usually prepared and offered for
 sale.
   (c)  "Drive-through"  means  an  area  where a customer may provide an
 order for and receive standard menu items while occupying a motor  vehi-
 cle.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08567-01-9

 S. 3795                             2
 
   (d)  "Menu  board" means a posted list or pictorial display of food or
 beverage items offered for sale by a food facility.  "Menu  board"  does
 not include printed or pictorial materials for the purpose of marketing.
   (e) "Menu" means a printed list or pictorial display of food or bever-
 age  items offered for sale by a food facility. "Menu" shall not include
 printed or pictorial materials for the purpose of marketing.
   (f) "Food item tag" means a label or placard that identifies any  food
 item  displayed  for  sale at a food facility. "Food item tag" shall not
 include printed or pictorial materials for the purpose of marketing.
   (g) "Nutritional information" includes, but is not limited to, all  of
 the  following, per standard menu item, as that item is usually prepared
 and offered for sale:
   (i) Total number of calories.
   (ii) Total number of grams of carbohydrates.
   (iii) Total number of grams of saturated fat.
   (iv) Total number of milligrams of sodium.
   (h) "Point of sale" means the  location  where  a  customer  makes  an
 order.
   (i)  "Standard  menu  item"  means a food or beverage item offered for
 sale by a food facility through a menu, menu board, or food item tag  at
 least  180 days per calendar year, except that "standard menu item" does
 not include any of the following:
   (i) A food item that is customized on a case-by-case basis in response
 to an unsolicited customer request.
   (ii) An alcoholic beverage, the labeling of which is not regulated  by
 the federal food and drug administration.
   (iii)  A  packaged  food  otherwise  subject to the nutrition labeling
 requirements of the federal Nutrition  Labeling  and  Education  Act  of
 1990.
   (iv) A food item when served at a consumer self-service salad bar.
   (v)  A  food  or  beverage item when served at a consumer self-service
 buffet.
   (vi) Condiments.
   (vii) Other items placed on counters or tables for use without  charge
 to consumers.
   (j)  "Reasonable  basis"  means any reasonable means recognized by the
 federal food and drug administration of determining nutritional informa-
 tion, as well as calorie content information, for a standard menu  item,
 as usually prepared and offered for sale, including, but not limited to,
 nutrient databases and laboratory analyses.
   (k)  "Appetizer" means a food item that is generally served prior to a
 food item that is generally regarded as the primary food item in a meal.
 An "appetizer" includes a first course, starter, or small plate.
   (l) "Dessert" means a food item that is generally served after a  food
 item  that  is  generally  regarded  as the primary food item in a meal.
 "Dessert" includes, but is not limited to, cakes,  pastries,  pies,  ice
 cream  and  food  items  that  contain ice cream, confections, and other
 sweets.
   2. (a) Commencing July 1, 2021 and remaining in effect until  December
 31,  2022,  inclusive,  every  food  facility shall disclose nutritional
 information as required by paragraph (b) of this subdivision  or  comply
 with the requirements of subdivision 3 of this section during this time.
   (b)  (i)  In order to comply with paragraph (a) of this subdivision, a
 food facility that does not provide sit-down service shall disclose  the
 information in a clear and conspicuous manner on a brochure that is made
 available  at  the  point of sale prior to or during the placement of an

 S. 3795                             3
 
 order. A food facility that provides sit-down service shall provide  the
 nutritional  information in a clear and conspicuous size and typeface on
 at least one of the following:
   (1) A brochure available on the table.
   (2) A menu next to each standard menu item.
   (3)  A  menu, under an index section that is separate from the listing
 of standard menu items.
   (4) A menu insert.
   (5) A table tent on the table.
   (ii) Notwithstanding subparagraph (i) of this paragraph, a food facil-
 ity that has a drive-through area and uses a menu board  to  display  or
 list standard menu items at the point of sale shall, for purposes of the
 drive-through area only, disclose the nutritional information in a clear
 and  conspicuous  manner on a brochure or other printed material that is
 available upon request, and shall conspicuously display a notice at  the
 point  of  sale  that  reads: "NUTRITIONAL INFORMATION IS AVAILABLE UPON
 REQUEST" or other similar statement that  indicates  the  disclosure  of
 nutritional information is available upon request.
   3. (a) On and after January 1, 2023, every food facility that provides
 a  menu  shall  disclose calorie content information for a standard menu
 item next to the item on the menu in a size and typeface that  is  clear
 and conspicuous.
   (b)  On  and  after  January 1, 2023, every food facility that uses an
 indoor menu board shall disclose calorie content information for a stan-
 dard menu item next to the item on the menu board in a size and typeface
 that is clear and conspicuous.
   (c) On and after January 1, 2023, every food facility that uses a food
 item tag as an alternative to a menu or menu board to describe a  stand-
 ard  menu  item  that is displayed for sale in a display case within the
 food facility shall disclose calorie content information for that stand-
 ard menu item on the food item tag for that item in a size and  typeface
 that is clear and conspicuous.
   (d)  On  and  after  January  1,  2023, every food facility that has a
 drive-through area and uses a menu board to  display  or  list  standard
 menu items at the point of sale shall, for purposes of the drive-through
 area  only,  disclose the nutritional information for each standard menu
 item in a clear and conspicuous manner on a brochure  or  other  printed
 material that is available upon request, and shall clearly and conspicu-
 ously  display  a  notice  at the point of sale that reads: "NUTRITIONAL
 INFORMATION IS AVAILABLE UPON REQUEST" or other similar  statement  that
 indicates  the  disclosure  of nutritional information is available upon
 request.  If a food facility subject to this paragraph discloses  nutri-
 tional  information  in  the  manner  described in paragraph (b) of this
 subdivision, the food facility shall be deemed to be in compliance  with
 this paragraph.
   4.  For  purposes  of subdivision 3 of this section, the disclosure of
 calorie content information on a menu or menu board next to  a  standard
 menu  item  that is a combination of at least two standard menu items on
 the menu or menu board, shall, based upon all possible combinations  for
 that standard menu item, include both the minimum amount of calories for
 the calorie count information and the maximum amount of calories for the
 calorie count information. If there is only one possible total amount of
 calories, then this total shall be disclosed.
   5.  For  purposes  of subdivision 3 of this section, the disclosure of
 calorie content information on a menu or menu board next to  a  standard

 S. 3795                             4
 
 menu  item that is not an appetizer or dessert, but is intended to serve
 more than one individual, shall include both of the following:
   (a)  The  number  of individuals intended to be served by the standard
 menu item.
   (b) The calorie content information per  individual  serving.  If  the
 standard menu item is a combination of at least two standard menu items,
 this  disclosure  shall,  based  upon all possible combinations for that
 standard menu item, include both the minimum amount of calories for  the
 calorie  count  information and the maximum amount of calories. If there
 is only one possible total amount of calories, then this total shall  be
 disclosed.
   6.  For  beverage  items,  a range of calorie count information may be
 provided, which includes both the minimum amount  of  calories  for  any
 beverage item and the maximum amount of calories.
   7.    The  nutritional  information  and  calorie  content information
 required by this act shall  be  determined  on  a  reasonable  basis.  A
 reasonable  basis  determination  of nutritional information and calorie
 content information shall be required only once per standard menu  item,
 provided that portion size is reasonably consistent and the food facili-
 ty  follows  a  standardized recipe and trains to a consistent method of
 preparation.
   8. Menus and menu boards may include a disclaimer that indicates  that
 there may be variations in nutritional content across servings, based on
 variations  in  overall size and quantities of ingredients, and based on
 special ordering.
   9. This act shall not be construed to create  or  enhance  any  claim,
 right  of action, or civil liability that did not previously exist under
 state law or limit any claim, right of action, or civil  liability  that
 otherwise exists under state law. No private right of action shall arise
 out of this act. The only enforcement mechanism of this act shall be the
 local enforcement agency.
   10. This act shall not be construed to preclude any food facility from
 voluntarily   providing  nutritional  information  in  addition  to  the
 requirements of this act.
   11. To the extent consistent with federal law, this act,  as  well  as
 any  other state law that regulates the disclosure of nutritional infor-
 mation, is a matter of statewide concern and occupies the whole field of
 regulation regarding the disclosure of nutritional information by a food
 facility as well as content required to be posted on menus, menu  boards
 and  food  item  tags.  No ordinance or regulation of a local government
 shall regulate the  dissemination  of  nutritional  information  or  the
 content required to be placed on menus, menu boards or food item tags by
 a food facility. Any ordinance or regulation that violates this prohibi-
 tion is void and shall have no force or effect.
   12. Commencing July 1, 2021, a food facility that violates this act is
 guilty  of  an  infraction,  punishable by a fine of not less than fifty
 dollars or more than five hundred dollars, which may be  assessed  by  a
 local  enforcement  agency. However, a food facility may not be found to
 violate this act more than once during an inspection  visit.    Notwith-
 standing  the penal law or any other provision of law to the contrary, a
 violation of this act shall not constitute a misdemeanor.
   13. Within 180 days after the effective date of this act, the New York
 state department of health shall  promulgate  regulations  defining  the
 specific  requirements  that constitute substantial compliance with this
 act by food facilities.

 S. 3795                             5
 
   14. If any provision of this act or the application thereof is for any
 reason held invalid, ineffective, or  unconstitutional  by  a  court  of
 competent  jurisdiction, the remainder of this act shall not be affected
 thereby, and to this end, the provisions of this act are severable.
   § 3. This act shall take effect immediately.

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Senate Bill S3795

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2019-S3795 (ACTIVE) - Details

2019-S3795 (ACTIVE) - Summary

2019-S3795 (ACTIVE) - Sponsor Memo

2019-S3795 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3795

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Health Committee

2019-S3795 (ACTIVE) - Details

2019-S3795 (ACTIVE) - Summary

2019-S3795 (ACTIVE) - Sponsor Memo

2019-S3795 (ACTIVE) - Bill Text download pdf

Comments