Assembly Bill A7423

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7423
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by  M.  of A. SOLAGES, SAYEGH, SIMON, EPSTEIN, FALL, TAYLOR,
   WILLIAMS, PHEFFER AMATO, JACOBSON -- read once  and  referred  to  the
   Committee on Health
 
 AN  ACT to amend the public health law, in relation to setting nutrition
   standards for restaurants distributing incentive items aimed at  chil-
   dren

   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. INCENTIVE ITEMS WITH RESTAURANT FOOD. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
   A.  "INCENTIVE ITEM" SHALL MEAN ANY TOY, GAME, TRADING CARD, ADMISSION
 TICKET OR OTHER CONSUMER PRODUCT,  WHETHER  PHYSICAL  OR  DIGITAL,  WITH
 PARTICULAR APPEAL TO CHILDREN, WHICH IS PROVIDED DIRECTLY BY THE RESTAU-
 RANT,  OR  ANY COUPON, VOUCHER, TICKET, TOKEN, CODE OR PASSWORD WHICH IS
 PROVIDED DIRECTLY BY THE RESTAURANT AND  IS  REDEEMABLE  FOR  OR  GRANTS
 DIGITAL  OR OTHER ACCESS TO ANY TOY, GAME, TRADING CARD, ADMISSION TICK-
 ET, OR OTHER CONSUMER PRODUCT WITH PARTICULAR APPEAL TO 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 THAT MAY BE  OFFERED  FOR
 PURCHASE  IN  COMBINATION  WITH  AN  INCENTIVE ITEM BY A RESTAURANT.   A
 RESTAURANT MAY OFFER AN INCENTIVE ITEM IN COMBINATION WITH THE  PURCHASE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09161-01-5
              

 A. 7423                             2
 
 OF  A  MEAL,  FOOD  ITEM,  OR  BEVERAGE, ONLY IF THE MEAL, FOOD ITEM, OR
 BEVERAGE, MEETS NUTRITIONAL STANDARDS ESTABLISHED  BY  THE  COMMISSIONER
 UNDER  THIS  SECTION.  NUTRITIONAL  STANDARDS  UNDER  THIS SECTION SHALL
 INCLUDE  BUT  ARE NOT LIMITED TO:  CALORIES; SODIUM; PERCENTAGE OF CALO-
 RIES FROM FAT (WHICH MAY DIFFERENTIATE 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 on the one hundred twentieth day after
 it shall have become a law.