NY State Senate Bill 2021-S2532B

Archive: Last Bill Status - In Assembly Committee

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2022	referred to health delivered to assembly passed senate
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.985
Apr 26, 2022	print number 2532b
Apr 26, 2022	amend and recommit to health
Jan 06, 2022	print number 2532a
Jan 06, 2022	amend and recommit to health
Jan 05, 2022	referred to health
Jan 21, 2021	referred to health

Votes

- May 31, 2022 - Floor Vote
  S2532B
  
  44
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (44)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (19)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Skoufis
      
      Stec
      
      Tedisco
  May 3, 2022 - Health Committee Vote
  S2532B
  
  10
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 3, 2022
      
      aye (10)
      
      Biaggi
      
      Boyle
      
      Cleare
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Rivera
      
      Ryan
      
      Salazar
      
      Thomas
      
      nay (4)
      
      Gallivan
      
      Oberacker
      
      Rath III
      
      Stec
      
      excused (1)
      
      Brouk

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S2532 - Details

See Assembly Version of this Bill:: A8860
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §1356, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8266
2017-2018: A4534
2019-2020: S4930, A3871
2023-2024: S4890, A6529
2025-2026: S428, A5207

2021-S2532 - Summary

Requires chain restaurants to place an icon on menus next to food items that have a high content of sodium.

2021-S2532 - Sponsor Memo

2021-S2532 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2532
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced by Sens. RIVERA, BIAGGI, LIU -- read twice and ordered print-
   ed, and when printed to be committed 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.

                                                            LBD06805-01-1

 S. 2532                             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 one year after it shall have become a
 law.

co-Sponsors

2021-S2532A - Details

See Assembly Version of this Bill:: A8860
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §1356, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8266
2017-2018: A4534
2019-2020: S4930, A3871
2023-2024: S4890, A6529
2025-2026: S428, A5207

2021-S2532A - Summary

Requires chain restaurants to place an icon on menus next to food items that have a high content of sodium.

2021-S2532A - Sponsor Memo

                                 
BILL NUMBER: S2532A

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to increase consumer awareness of high sodi-
um content foods at chain restaurants across the state.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 1356 to the public health law to provide
for definitions to a "chain restaurant", "daily value", "food service
establishment", "menu or menu board', and a "standard menu item."
Further, provides industry guidance that within 1 year of the effective
date, the DOH shall publish guidance which explains the requirements of
this section, and how businesses can comply with them. The DOH shall
develop an icon with accompanying text to be displayed adjacent to any

menu item which exceeds the daily value for sodium intake, no later than
1 year after the effective date.  Beginning 2 years after the effective
date, chain restaurants in the state shall display the icon and text on
their menus or menu boards.  No later than 6 years after the effective
date, the DOH shall issue a report reviewing the impact of these
provisions on menu item reformulation, as well as consumer behavior. Any
chain restaurant that violates these provisions shall be subject to a
penalty of no more than $250 per day for each location not in compli-
ance. A jurisdiction that has the same or substantially similar menu
item displays as required pursuant to a rule, regulation, ordinance,
local law or policy issued by a jurisdiction shall be exempt from these
provisions.

Section 2 provides for a severability clause.

Section 3 provides for the effective date.

 
JUSTIFICATION:

Studies have shown that the vast majority of dietary salt comes from
processed foods and foods eaten outside of the home, such as food served
at restaurants. While several companies have voluntarily made efforts to
reduce salt in table foods, the U.S. Food and Drug Administration
continues to press the food industry to reduce sodium content. Consuming
too much sodium can increase risk of high blood pressure that can lead
to heart attack and stroke. Only one in ten Americans meets the one
teaspoon per day sodium guideline. High sodium intake accounts for the
greatest health problem related to food supply in the nation. This bill
seeks to reduce the daily sodium intake consumed by New Yorkers by
requiring the labeling of restaurant items which exceed the recommended
daily value for sedum as recommended by the FDA. With these new guide-
lines, New Yorkers can make more informed choices about foods to order
for themselves and their families.

 
LEGISLATIVE HISTORY:

2019-2020: S49030A/A3871A Ortiz
2020-2021: S2532/No Same-As

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Effective immediately.

2021-S2532A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2532--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced by Sens. RIVERA, BIAGGI, LIU -- read twice and ordered print-
   ed,  and  when  printed  to be committed to the Committee on Health --
   recommitted to the Committee on Health in accordance with Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 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.  DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A. "CHAIN RESTAURANT" MEANS A FOOD SERVICE ESTABLISHMENT THAT IS  PART
 OF  A  CHAIN WITH FIFTEEN OR MORE LOCATIONS WITHIN THE STATE DOING BUSI-
 NESS UNDER THE SAME NAME, REGARDLESS OF THE TYPE  OF  OWNERSHIP  OF  THE
 LOCATIONS, AND OFFERING FOR SALE SUBSTANTIALLY SIMILAR MENU ITEMS.
   B.  "DAILY  VALUE"  MEANS THE DAILY REFERENCE VALUE USED BY THE UNITED
 STATES FOOD AND DRUG ADMINISTRATION IN  CALCULATING  THE  PERCENT  DAILY
 VALUE FOR NUTRITION INFORMATION PROVIDED ON FOOD LABELS.
   C.  "FOOD  SERVICE  ESTABLISHMENT"  MEANS  A PLACE   WHERE   FOOD   IS
 PREPARED  AND INTENDED  FOR  INDIVIDUAL PORTION SERVICE AND INCLUDES THE
 SITE AT WHICH THE INDIVIDUAL PORTIONS ARE PROVIDED, WHETHER  CONSUMPTION
 OCCURS   ON   OR OFF  THE  PREMISES.  THE TERM  EXCLUDES FOOD PROCESSING
 ESTABLISHMENTS, RETAIL FOOD STORES, PRIVATE HOMES WHERE FOOD IS PREPARED
 OR  SERVED  FOR FAMILY  CONSUMPTION, AND FOOD SERVICE OPERATIONS WHERE A
 DISTINCT GROUP MUTUALLY PROVIDES, PREPARES, SERVES  AND  CONSUMES    THE
 FOOD    SUCH   AS "COVERED-DISH   SUPPER" LIMITED   TO  A  CONGREGATION,
 CLUB OR FRATERNAL ORGANIZATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06805-04-1
 S. 2532--A                          2

 
   D. "MENU OR MENU BOARD" MEANS THE PRIMARY WRITING OF  A  FOOD  SERVICE
 ESTABLISHMENT FROM WHICH A CUSTOMER MAKES AN ORDER SELECTION, INCLUDING,
 BUT  NOT  LIMITED TO, BREAKFAST, LUNCH, AND DINNER MENUS; DESSERT MENUS;
 BEVERAGE MENUS; CHILDREN'S  MENUS;  OTHER  SPECIALTY  MENUS;  ELECTRONIC
 MENUS; AND MENUS ON THE INTERNET.
   E.  "STANDARD  MENU ITEM" MEANS A FOOD OR BEVERAGE ITEM THAT IS LISTED
 ON A MENU OR MENU BOARD, EXCLUDING TEMPORARY MENU ITEMS APPEARING ON THE
 MENU FOR LESS THAN SIXTY DAYS PER CALENDAR YEAR.
   2. INDUSTRY GUIDANCE. WITHIN ONE YEAR OF THE EFFECTIVE  DATE  OF  THIS
 SECTION,  THE  DEPARTMENT SHALL PUBLISH GUIDANCE EXPLAINING THE REQUIRE-
 MENTS OF THIS SECTION AND HOW BUSINESSES CAN COMPLY.
   3.  SODIUM WARNING ICON. NO LATER THAN ONE YEAR  AFTER  THE  EFFECTIVE
 DATE OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP AN ICON WITH ACCOMPA-
 NYING  TEXT THAT SHALL BE DISPLAYED ADJACENT TO THE NAME OF ANY STANDARD
 MENU ITEM THAT EXCEEDS THE DAILY VALUE FOR SODIUM. BEGINNING  TWO  YEARS
 AFTER  THE EFFECTIVE DATE OF THIS SECTION ANY CHAIN RESTAURANT OPERATING
 WITHIN THE STATE AND NOT OTHERWISE EXEMPTED UNDER SUBDIVISION  SEVEN  OF
 THIS  SECTION SHALL DISPLAY ON MENUS OR MENU BOARDS:
   A.    THE SODIUM WARNING ICON AND ACCOMPANYING TEXT PROMULGATED BY THE
 DEPARTMENT PURSUANT TO THIS SUBDIVISION, AT A HEIGHT NO SMALLER THAN THE
 LARGEST LETTER IN THE NAME OF THE ITEM; AND
   B. THE FOLLOWING FACTUAL STATEMENT EXPLAINING THE SODIUM WARNING ICON:
 "WARNING (INSERT ICON IMAGE  HERE)  INDICATES  THAT  THE  SODIUM  (SALT)
 CONTENT  OF THIS ITEM MAY EXCEED HALF THE TOTAL DAILY RECOMMENDED LIMIT.
 REGULARLY EATING MORE THAN THE  DAILY  RECOMMENDED  LIMIT  CAN  INCREASE
 BLOOD PRESSURE AND RISK OF HEART DISEASE AND STROKE."
   4.  REPORT  REQUIRED. NO LATER THAN SIX YEARS AFTER THE EFFECTIVE DATE
 OF THIS SECTION, THE DEPARTMENT SHALL ISSUE A REPORT REVIEWING  EVIDENCE
 OF  THE  IMPACT  OF THIS SECTION ON MENU ITEM REFORMULATION AND CONSUMER
 BEHAVIOR, AND RECOMMEND ADDITIONAL NUTRIENTS THAT SHOULD  BE  CONSIDERED
 FOR MENU WARNING ICONS.
   5.  VIOLATIONS.   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 PER DAY FOR EACH LOCATION NOT IN COMPLIANCE.
   6.  EXEMPTIONS.  THE SODIUM WARNING ICON REQUIRED PURSUANT TO SUBDIVI-
 SION THREE OF THIS SECTION SHALL NOT BE REQUIRED TO BE DISPLAYED NEXT TO
 A MENU ITEM THAT IS ALREADY LABELED WITH A SODIUM ICON EQUAL OR  GREATER
 IN  SIZE  AND  SIMILAR IN GENERAL APPEARANCE, WHEN SUCH ICON IS REQUIRED
 PURSUANT TO A RULE, REGULATION, ORDINANCE, LOCAL LAW,  ORDER  OR  POLICY
 ISSUED  BY ANOTHER JURISDICTION HAVING THE SAME OR SUBSTANTIALLY SIMILAR
 EFFECT AS DETERMINED BY THE COMMISSIONER.  FOOD  SERVICE  ESTABLISHMENTS
 EXEMPTED  FROM  THE SODIUM WARNING LABELING REQUIREMENT BY THIS SUBDIVI-
 SION SHALL BE USED IN DETERMINING IF A PARTICULAR  FOOD  SERVICE  ESTAB-
 LISHMENT IS A CHAIN RESTAURANT.
   § 2. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 3. This act shall take effect immediately.

co-Sponsors

2021-S2532B (ACTIVE) - Details

See Assembly Version of this Bill:: A8860
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §1356, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8266
2017-2018: A4534
2019-2020: S4930, A3871
2023-2024: S4890, A6529
2025-2026: S428, A5207

2021-S2532B (ACTIVE) - Summary

Requires chain restaurants to place an icon on menus next to food items that have a high content of sodium.

2021-S2532B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2532B

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to increase consumer awareness of high sodi-
um content foods at chain restaurants across the state.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 1356 to the public health law to provide
for definitions to a "chain restaurant", "daily value", "food service
establishment", "menu or menu board', and a "standard menu item."
Further, provides industry guidance that within 1 year of the effective
date, the DOH shall publish guidance which explains the requirements of
this section, and how businesses can comply with them. The DOH shall
develop an icon with accompanying text to be displayed adjacent to any

menu item which exceeds the higher than total daily recommended value
for sodium intake, no later than 1 year after the effective date. Begin-
ning 2 years after the effective date, chain restaurants in the state
shall display the icon and text on their menus or menu boards. No later
than 6 years after the effective date, the DOH shall issue a report
reviewing the impact of these provisions on menu item reformulation, as
well as consumer behavior.

Any chain restaurant that violates these provisions shall be subject to
a penalty of no more than $250 per day for each location not in compli-
ance. A jurisdiction that has the same or substantially similar menu
item displays as required pursuant to a rule, regulation, ordinance,
local law or policy issued by a jurisdiction shall be exempt from these
provisions.

Section 2 provides for a severability clause.

Section 3 provides for  the effective date.

 
JUSTIFICATION:

Studies have shown that the vast majority of dietary salt comes from
processed foods and foods eaten outside of the home, such as food served
at restaurants. While several companies have voluntarily made efforts to
reduce salt in table foods, the U.S. Food and Drug Administration
continues to press the food industry to reduce sodium content.  Consum-
ing too much sodium can increase risk of high blood pressure that can
lead to heart attack and stroke. Only one in ten Americans meets the one
teaspoon per day sodium guideline. High sodium intake accounts for the
greatest health problem related to food supply in the nation.  This bill
seeks to reduce the daily sodium intake consumed by New Yorkers by
requiring the labeling of restaurant items which exceed the recommended
daily value for sedum as recommended by the FDA. With these new guide-
lines, New Yorkers can make more informed choices about foods to order
for themselves and their families.

 
LEGISLATIVE HISTORY:
2019-2020: S49030A/A3871A Ortiz

2020-2021: S2532/No Same-As

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Effective immediately.

2021-S2532B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2532--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced by Sens. RIVERA, BIAGGI, LIU -- read twice and ordered print-
   ed,  and  when  printed  to be committed to the Committee on Health --
   recommitted to the Committee on Health in accordance with Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 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.  DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A. "CHAIN RESTAURANT" MEANS A FOOD SERVICE ESTABLISHMENT THAT IS  PART
 OF  A  CHAIN WITH FIFTEEN OR MORE LOCATIONS WITHIN THE STATE DOING BUSI-
 NESS UNDER THE SAME NAME, REGARDLESS OF THE TYPE  OF  OWNERSHIP  OF  THE
 LOCATIONS, AND OFFERING FOR SALE SUBSTANTIALLY SIMILAR MENU ITEMS.
   B.  "DAILY  VALUE"  MEANS THE DAILY REFERENCE VALUE USED BY THE UNITED
 STATES FOOD AND DRUG ADMINISTRATION IN  CALCULATING  THE  PERCENT  DAILY
 VALUE FOR NUTRITION INFORMATION PROVIDED ON FOOD LABELS.
   C.  "FOOD  SERVICE  ESTABLISHMENT"  MEANS  A PLACE   WHERE   FOOD   IS
 PREPARED  AND INTENDED  FOR  INDIVIDUAL PORTION SERVICE AND INCLUDES THE
 SITE AT WHICH THE INDIVIDUAL PORTIONS ARE PROVIDED, WHETHER  CONSUMPTION
 OCCURS   ON   OR OFF  THE  PREMISES.  THE TERM  EXCLUDES FOOD PROCESSING
 ESTABLISHMENTS, RETAIL FOOD STORES, PRIVATE HOMES WHERE FOOD IS PREPARED
 OR  SERVED  FOR FAMILY  CONSUMPTION, AND FOOD SERVICE OPERATIONS WHERE A
 DISTINCT GROUP MUTUALLY PROVIDES, PREPARES, SERVES  AND  CONSUMES    THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06805-06-2
 S. 2532--B                          2

 
 FOOD    SUCH   AS "COVERED-DISH   SUPPER" LIMITED   TO  A  CONGREGATION,
 CLUB OR FRATERNAL ORGANIZATION.
   D.  "MENU  OR  MENU BOARD" MEANS THE PRIMARY WRITING OF A FOOD SERVICE
 ESTABLISHMENT FROM WHICH A CUSTOMER MAKES AN ORDER SELECTION, INCLUDING,
 BUT NOT LIMITED TO, BREAKFAST, LUNCH, AND DINNER MENUS;  DESSERT  MENUS;
 BEVERAGE  MENUS;  CHILDREN'S  MENUS;  OTHER  SPECIALTY MENUS; ELECTRONIC
 MENUS; AND MENUS ON THE INTERNET.
   E. "STANDARD MENU ITEM" MEANS A FOOD OR BEVERAGE ITEM THAT  IS  LISTED
 ON A MENU OR MENU BOARD, EXCLUDING TEMPORARY MENU ITEMS APPEARING ON THE
 MENU FOR LESS THAN SIXTY DAYS PER CALENDAR YEAR.
   2.  INDUSTRY  GUIDANCE.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
 SECTION, THE DEPARTMENT SHALL PUBLISH GUIDANCE EXPLAINING  THE  REQUIRE-
 MENTS OF THIS SECTION AND HOW BUSINESSES CAN COMPLY.
   3.    SODIUM  WARNING ICON. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP AN ICON WITH ACCOMPA-
 NYING TEXT THAT SHALL BE DISPLAYED ADJACENT TO THE NAME OF ANY  STANDARD
 MENU  ITEM  THAT EXCEEDS THE DAILY VALUE FOR SODIUM. BEGINNING TWO YEARS
 AFTER THE EFFECTIVE DATE OF THIS SECTION ANY CHAIN RESTAURANT  OPERATING
 WITHIN  THE  STATE  AND  NOT OTHERWISE EXEMPTED UNDER SUBDIVISION SIX OF
 THIS  SECTION SHALL DISPLAY ON MENUS OR MENU BOARDS:
   A.  THE SODIUM WARNING ICON AND ACCOMPANYING TEXT PROMULGATED  BY  THE
 DEPARTMENT PURSUANT TO THIS SUBDIVISION, AT A HEIGHT NO SMALLER THAN THE
 LARGEST LETTER IN THE NAME OF THE ITEM; AND
   B. THE FOLLOWING FACTUAL STATEMENT EXPLAINING THE SODIUM WARNING ICON:
 "WARNING  (INSERT  ICON  IMAGE  HERE)  INDICATES  THAT THE SODIUM (SALT)
 CONTENT OF THIS ITEM IS HIGHER THAN THE TOTAL  DAILY  RECOMMENDED  LIMIT
 (2300  MG).  HIGH SODIUM INTAKE CAN INCREASE BLOOD PRESSURE AND THE RISK
 OF HEART DISEASE AND STROKE."
   4. REPORT REQUIRED. NO LATER THAN SIX YEARS AFTER THE  EFFECTIVE  DATE
 OF  THIS SECTION, THE DEPARTMENT SHALL ISSUE A REPORT REVIEWING EVIDENCE
 OF THE IMPACT OF THIS SECTION ON MENU ITEM  REFORMULATION  AND  CONSUMER
 BEHAVIOR,  AND  RECOMMEND ADDITIONAL NUTRIENTS THAT SHOULD BE CONSIDERED
 FOR MENU WARNING ICONS.
   5. VIOLATIONS.  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 PER DAY FOR EACH LOCATION NOT IN COMPLIANCE.
   6. EXEMPTIONS. THE SODIUM WARNING ICON REQUIRED PURSUANT  TO  SUBDIVI-
 SION THREE OF THIS SECTION SHALL NOT BE REQUIRED TO BE DISPLAYED NEXT TO
 A  MENU ITEM THAT IS ALREADY LABELED WITH A SODIUM ICON EQUAL OR GREATER
 IN SIZE AND SIMILAR IN GENERAL APPEARANCE, WHEN SUCH  ICON  IS  REQUIRED
 PURSUANT  TO  A  RULE, REGULATION, ORDINANCE, LOCAL LAW, ORDER OR POLICY
 ISSUED BY ANOTHER JURISDICTION HAVING THE SAME OR SUBSTANTIALLY  SIMILAR
 EFFECT  AS  DETERMINED  BY THE COMMISSIONER. FOOD SERVICE ESTABLISHMENTS
 EXEMPTED FROM THE SODIUM WARNING LABELING REQUIREMENT BY  THIS  SUBDIVI-
 SION  SHALL  BE  USED IN DETERMINING IF A PARTICULAR FOOD SERVICE ESTAB-
 LISHMENT IS A CHAIN RESTAURANT.
   § 2. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 3. This act shall take effect immediately.

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Senate Bill S2532B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 31, 2022 - Floor Vote

Floor Vote: May 31, 2022

May 3, 2022 - Health Committee Vote

Health Committee Vote: May 3, 2022

Bill Amendments

co-Sponsors

2021-S2532 - Details

2021-S2532 - Summary

2021-S2532 - Sponsor Memo

2021-S2532 - Bill Text download pdf

co-Sponsors

2021-S2532A - Details

2021-S2532A - Summary

2021-S2532A - Sponsor Memo

2021-S2532A - Bill Text download pdf

co-Sponsors

2021-S2532B (ACTIVE) - Details

2021-S2532B (ACTIVE) - Summary

2021-S2532B (ACTIVE) - Sponsor Memo

2021-S2532B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2532B

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Alessandra Biaggi

John C. Liu

2021-S2532 - Details

2021-S2532 - Summary

2021-S2532 - Sponsor Memo

2021-S2532 - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

John C. Liu

2021-S2532A - Details

2021-S2532A - Summary

2021-S2532A - Sponsor Memo

2021-S2532A - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

John C. Liu

2021-S2532B (ACTIVE) - Details

2021-S2532B (ACTIVE) - Summary

2021-S2532B (ACTIVE) - Sponsor Memo

2021-S2532B (ACTIVE) - Bill Text download pdf

Comments