S T A T E O F N E W Y O R K
________________________________________________________________________
428
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. RIVERA, KAVANAGH, LIU, SEPULVEDA -- read twice and
ordered printed, 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
1357 to read as follows:
§ 1357. 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 MENU DEVELOPER" MEANS THE PERSON THAT OWNS AND LICENSES THE
BRAND NAME UNDER WHICH A CHAIN RESTAURANT DOES BUSINESS, OR ANY OTHER
PERSON RESPONSIBLE FOR DETERMINING THE FORMULA OR RECIPE FOR ITEMS
DISPLAYED ON THE MENU OF A CHAIN RESTAURANT.
B. "CHAIN RESTAURANT" 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 MENU ITEMS.
C. "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.
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 OFFERED FOR SALE
BY A CHAIN RESTAURANT THAT IS LISTED ON A MENU OR MENU BOARD, INCLUDING
A VARIABLE FOOD OR BEVERAGE ITEM THAT COMES IN DIFFERENT FLAVORS, VARIE-
TIES, OR COMBINATIONS AND IS LISTED AS A SINGLE ITEM. STANDARD MENU
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01666-01-5
S. 428 2
ITEM INCLUDES ANY COMBINATION MEAL FOR WHICH ANY COMBINATION OF FOOD OR
BEVERAGE ITEMS AVAILABLE TO THE CONSUMER EXCEEDS THE DAILY VALUE FOR
SODIUM. STANDARD MENU ITEM INCLUDES TEMPORARY MENU ITEMS APPEARING ON
THE MENU FOR LESS THAN A TOTAL OF SIXTY CONSECUTIVE AND NON-CONSECUTIVE
DAYS PER CALENDAR YEAR.
2. INDUSTRY GUIDANCE. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE
OF THIS SECTION, THE DEPARTMENT SHALL PUBLISH GUIDANCE EXPLAINING THE
REQUIREMENTS 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 AND ACCOMPANYING TEXT 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 PRES-
SURE AND THE RISK OF HEART DISEASE AND STROKE."
4. CHAIN MENU DEVELOPER REPORTING REQUIREMENT. ONCE EVERY NINETY
DAYS, EACH CHAIN MENU DEVELOPER SHALL REPORT TO THE DEPARTMENT THE
AMOUNT OF SODIUM IN EACH STANDARD MENU ITEM OFFERED FOR SALE IN THEIR
CHAIN RESTAURANT, OR THAT NO CHANGES TO THE MENU INFORMATION HAVE BEEN
MADE SINCE THE LAST REPORT.
5. 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.
6. 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.
7. 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.
