Assembly Bill A10309

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10309
 
                           I N  A S S E M B L Y
 
                             February 20, 2026
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend  the  public health law and the state finance law, in
   relation to establishing the "responsible fast food and public  health
   act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "responsible fast food and public health act".
   §  2.  Article  2  of the public health law is amended by adding a new
 title 5-A to be read as follows:
                                  TITLE 5-A
                       FAST FOOD RESPONSIBILITY ACT
 SECTION 264.   DEFINITIONS.
         264-A. IMPLEMENTATION.
   § 264. DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS FOR THE PURPOSES OF THIS SECTION:
   1. "FAST FOOD CHAIN" SHALL MEAN A SET  OF  RESTAURANTS  CONSISTING  OF
 TWENTY-FIVE OR MORE ESTABLISHMENTS NATIONALLY THAT EITHER SHARE A COMMON
 BRAND OR ARE CHARACTERIZED BY STANDARDIZED OPTIONS FOR DECOR, MARKETING,
 PACKAGING, PRODUCTS, AND SERVICES.
   2.  "FAST  FOOD  RESTAURANT" SHALL MEAN ANY ESTABLISHMENT IN THE STATE
 THAT IS PART OF A FAST FOOD CHAIN AND  THAT,  IN  ITS  REGULAR  BUSINESS
 OPERATIONS, PRIMARILY PROVIDES FOOD OR BEVERAGES ACCORDING TO ALL OF THE
 FOLLOWING:
   (A) FOR IMMEDIATE CONSUMPTION, EITHER ON OR OFF THE PREMISES;
   (B) TO CUSTOMERS WHO ORDER OR SELECT ITEMS AND PAY BEFORE EATING;
   (C)  WITH  ITEMS  PREPARED  IN  ADVANCE,  INCLUDING  ITEMS THAT MAY BE
 PREPARED IN BULK AND KEPT HOT, OR WITH ITEMS PREPARED OR HEATED QUICKLY;
 AND
   (D) WITH LIMITED OR  NO  TABLE  SERVICE.  FOR  THE  PURPOSES  OF  THIS
 SECTION,  "TABLE  SERVICE" SHALL NOT INCLUDE ORDERS PLACED BY A CUSTOMER
 ON AN ELECTRONIC DEVICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14883-01-6
              

 A. 10309                            2
 
   3. "FRANCHISE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION SIX
 HUNDRED EIGHTY-ONE OF THE GENERAL BUSINESS LAW.
   §  264-A. IMPLEMENTATION. 1. ANY FAST FOOD CHAIN WITH TEN OR MORE FAST
 FOOD RESTAURANTS OPERATING IN THE STATE OF NEW  YORK,  WHETHER  OPERATED
 DIRECTLY  OR  THROUGH  FRANCHISE AGREEMENTS, SHALL BE ASSESSED AN ANNUAL
 PUBLIC HEALTH FEE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
   (A) TEN TO TWENTY-FOUR LOCATIONS WITHIN THE  STATE:  FIFTEEN  THOUSAND
 DOLLARS;
   (B) TWENTY-FIVE TO NINETY-NINE LOCATIONS WITHIN THE STATE: TWENTY-FIVE
 THOUSAND DOLLARS; OR
   (C)  ONE  HUNDRED  OR  MORE LOCATIONS WITHIN THE STATE: FORTY THOUSAND
 DOLLARS.
   2. SUCH PUBLIC HEALTH FEES SHALL BE COLLECTED BY THE DEPARTMENT  ANNU-
 ALLY  ON  A  DATE TO BE DETERMINED BY SUCH DEPARTMENT AND DEPOSITED INTO
 THE CHILDHOOD NUTRITION AND OBESITY PREVENTION  FUND  ESTABLISHED  UNDER
 SECTION NINETY-NINE-UU OF THE STATE FINANCE LAW.
   § 3. The state finance law is amended by adding a new section 99-uu to
 read as follows:
   § 99-UU. CHILDHOOD NUTRITION AND OBESITY PREVENTION FUND. 1.  THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "CHILDHOOD NUTRITION AND OBESITY PREVENTION FUND".
   2. SUCH FUND SHALL CONSIST  OF  MONIES  RECEIVED  IN  ACCORDANCE  WITH
 SECTION  TWO HUNDRED SIXTY-FOUR-A OF THE PUBLIC HEALTH LAW AND ALL OTHER
 MONIES APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO  FROM  ANY  OTHER
 FUND  OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
 PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3.  (A)  MONIES  OF  THE FUND SHALL BE MADE AVAILABLE TO THE OFFICE OF
 TEMPORARY AND DISABILITY ASSISTANCE TO FUND:
   (I) NUTRITION EDUCATION AND FOOD LITERACY PROGRAMMING FOR CHILDREN AND
 FAMILIES;
   (II) EARLY CHILDHOOD OBESITY PREVENTION INITIATIVES; AND
   (III) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RELATED  EDUCA-
 TIONAL PROGRAMS.
   (B)  SUCH FUNDS SHALL NOT REPLACE EXISTING APPROPRIATIONS BUT SHALL BE
 CONSIDERED ADDITIVE FOR THE PURPOSE OF ENHANCED OUTREACH.
   4. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PROVIDE  AN
 ANNUAL  SUMMARY  WHICH SHALL INCLUDE THE AMOUNT OF FUNDS RECEIVED IN THE
 PRECEDING YEAR AND HOW SUCH FUNDS  WERE  ALLOCATED,  INCLUDING  SPECIFIC
 PROGRAMMATIC  DESCRIPTIONS.  SUCH  SUMMARY  SHALL  BE  PUBLISHED  ON ITS
 WEBSITE AND UPDATED ANNUALLY.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.