Assembly Bill A5305

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5305
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  REYES, KELLES, HEVESI, RAGA, GONZALEZ-ROJAS,
   ROSENTHAL, MEEKS -- read once and referred 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 added
   sugars

   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
 1357 to read as follows:
   § 1357. ADDED SUGAR SAFETY WARNINGS FOR CHAIN RESTAURANTS. 1.    DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A.  "CHAIN  MENU  DEVELOPER" MEANS A PERSON THAT OWNS AND LICENSES THE
 BRAND NAME UNDER WHICH THE COVERED ESTABLISHMENT DOES BUSINESS,  OR  ANY
 OTHER PERSON RESPONSIBLE FOR DETERMINING THE FORMULA OR RECIPE FOR ITEMS
 DISPLAYED ON THE MENU OF A COVERED ESTABLISHMENT.
   B.  "COVERED  ESTABLISHMENT"  MEANS  A  FOOD SERVICE ESTABLISHMENT, AS
 DEFINED IN PART FOURTEEN OF THE NEW YORK SANITARY CODE 10 NYCRR 14-1.20,
 THAT IS PART OF A CHAIN WITH FIFTEEN OR MORE LOCATIONS WITHIN THE  STATE
 DOING  BUSINESS UNDER THE SAME NAME, REGARDLESS OF THE TYPE OF OWNERSHIP
 OF THE LOCATIONS, AND  OFFERING  FOR  SALE  SUBSTANTIALLY  SIMILAR  FOOD
 ITEMS.
   C. "FOOD TAG" MEANS A WRITTEN OR PRINTED DESCRIPTION OF FOOD OR BEVER-
 AGES  AND  THEIR PRICE, PLACED IN THE VICINITY OF A SAMPLE OR SELF-SERVE
 ITEM, INCLUDING FREE-STANDING TAGS AND TAGS ATTACHED TO THE SHELF.
   D. "DISCRETE SERVING" MEANS THE SEPARATED OR EASILY SEPARABLE  UNIFORM
 PORTION  OR  PORTIONS OF A FOOD ITEM COMPRISING A REASONABLE ESTIMATE OF
 ONE PERSON'S SHARE OF THE FOOD ITEM.   FOOD ITEMS WITHOUT  SEPARATED  OR
 EASILY SEPARABLE UNIFORM PORTIONS DO NOT CONTAIN DISCRETE SERVINGS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01668-01-5
 A. 5305                             2
 
              

   E.  "HIGH  ADDED  SUGARS  CONTENT" MEANS THE ITEM CONTAINS ONE HUNDRED
 PERCENT OR MORE OF THE DAILY VALUE FOR ADDED SUGARS, AS  ESTABLISHED  BY
 THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   F.  "MENU"  MEANS  THE PRIMARY WRITING OF A COVERED ESTABLISHMENT FROM
 WHICH A CUSTOMER MAKES AN ORDER SELECTION, INCLUDING BUT NOT LIMITED TO,
 BREAKFAST, LUNCH, AND DINNER MENUS; DESSERT MENUS; BEVERAGE MENUS; CHIL-
 DREN'S MENUS; OTHER SPECIALTY MENUS; ELECTRONIC MENUS; AND MENUS ON  THE
 INTERNET.
   G.  "MENU BOARD" MEANS A MENU POSTED INSIDE A COVERED ESTABLISHMENT AS
 WELL AS A MENU POSTED  OUTSIDE  A  COVERED  ESTABLISHMENT,  INCLUDING  A
 DRIVE-THROUGH MENU.
   H.  "FOOD  ITEM"  MEANS  A FOOD OR BEVERAGE ITEM OFFERED FOR SALE BY A
 COVERED ESTABLISHMENT THAT IS LISTED ON A MENU, MENU BOARD, OR FOOD TAG,
 INCLUDING A VARIABLE FOOD OR  BEVERAGE  ITEM  THAT  COMES  IN  DIFFERENT
 FLAVORS,  VARIETIES,  OR  COMBINATIONS  AND  IS LISTED AS A SINGLE ITEM.
 FOOD ITEM INCLUDES ANY COMBINATION MEAL FOR  WHICH  ANY  COMBINATION  OF
 FOOD ITEMS AVAILABLE TO THE CONSUMER CONTAINS HIGH ADDED SUGARS CONTENT.
 FOOD ITEM INCLUDES TEMPORARY FOOD OR BEVERAGE ITEMS LISTED FOR LESS THAN
 SIXTY CONSECUTIVE AND NON-CONSECUTIVE DAYS PER CALENDAR YEAR.
   I.  "POINT  OF PURCHASE" MEANS A PLACE WHERE A CUSTOMER MAY ORDER FOOD
 WITHIN A COVERED ESTABLISHMENT.
   J. "SELF-SERVE DISPENSING POINT" MEANS A LOCATION AT WHICH A  CUSTOMER
 MAY  ACCESS  FOOD OR BEVERAGES WITHOUT THE ASSISTANCE OF A STAFF MEMBER,
 INCLUDING SELF-SERVE FOUNTAIN BEVERAGE MACHINES.
   2. ADDED SUGARS WARNING. A. A COVERED ESTABLISHMENT NOT EXEMPTED UNDER
 SUBDIVISION SIX OF THIS SECTION SHALL DISPLAY AN  ADDED  SUGARS  WARNING
 NEXT  TO  OR  DIRECTLY  UNDER THE NAME OF EACH FOOD ITEM WITH HIGH ADDED
 SUGARS CONTENT WHEREVER SUCH FOOD ITEM IS LISTED ON A MENU, MENU  BOARD,
 OR  FOOD  TAG, AND BY ANY SELF-SERVE DISPENSING POINT AT WHICH SUCH FOOD
 ITEM IS DISPENSED. THIS REQUIREMENT APPLIES TO ANY MENU ITEM THAT  COMES
 IN DIFFERENT FLAVORS, VARIETIES, OR COMBINATIONS IF ANY FLAVOR, VARIETY,
 OR COMBINATION HAS HIGH ADDED SUGARS CONTENT.
   B.  A  FOOD  ITEM  THAT  CONSISTS  OF  MORE  THAN ONE DISCRETE SERVING
 REQUIRES AN ADDED SUGARS WARNING ONLY IF EACH  DISCRETE  SERVING  HAS  A
 HIGH ADDED SUGARS CONTENT.
   C.    NO LATER THAN ONE YEAR AFTER THE DEPARTMENT ISSUES THE RULES AND
 REGULATIONS REQUIRED PURSUANT TO PARAGRAPH  D  OF  THIS  SUBDIVISION,  A
 COVERED  ESTABLISHMENT IS REQUIRED TO DISPLAY AT LEAST ONE CLEARLY VISI-
 BLE WARNING ON A MENU, MENU BOARD, FOOD TAG, OR BY A SELF-SERVE DISPENS-
 ING POINT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, AND SHALL MAKE  A
 FACTUAL  WARNING  STATEMENT  ABOUT HIGH ADDED SUGARS INTAKE PROMINENTLY,
 CLEARLY, AND CONSPICUOUSLY VISIBLE AT THE POINT OF PURCHASE.
   D. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE  DEPARTMENT  SHALL  PROMULGATE  RULES  AND REGULATIONS DESIGNATING A
 WARNING AND FACTUAL WARNING STATEMENT.
   3. REPORTING REQUIREMENT. ONCE EVERY NINETY  DAYS,  EVERY  CHAIN  MENU
 DEVELOPER  SHALL  REPORT TO THE DEPARTMENT THE AMOUNT OF ADDED SUGARS IN
 EACH FOOD ITEM OFFERED FOR SALE IN A COVERED  ESTABLISHMENT,  OR  REPORT
 THAT  NO  CHANGES  TO THE MENU INFORMATION HAVE BEEN MADE SINCE THE LAST
 REPORT.
   4. REPORT. 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 FOOD ITEM REFORMULATION AND CONSUMER  BEHAVIOR
 AND  RECOMMEND  ADDITIONAL  NUTRIENTS THAT SHOULD BE CONSIDERED FOR MENU
 WARNINGS.
 A. 5305                             3
 
   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 ADDED SUGARS WARNING REQUIRED PURSUANT TO SUBDIVI-
 SION TWO OF THIS SECTION SHALL NOT BE REQUIRED TO BE DISPLAYED NEXT TO A
 FOOD ITEM THAT IS ALREADY LABELED WITH AN ADDED SUGARS WARNING 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 ESTAB-
 LISHMENTS EXEMPTED FROM THE ADDED SUGARS WARNING LABELING REQUIREMENT BY
 THIS SUBDIVISION SHALL BE USED  IN  DETERMINING  IF  A  PARTICULAR  FOOD
 SERVICE  ESTABLISHMENT IS A CHAIN RESTAURANT.  THIS SUBDIVISION DOES NOT
 EXEMPT CHAIN MENU DEVELOPERS FROM THE PROVISIONS OF SUBDIVISION THREE OF
 THIS SECTION.
   § 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 one year 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.