Bill A10129-2009

Prohibits the use of salt by restaurants in the preparation of food by restaurants

Prohibits the use of salt by restaurants in the preparation of food by restaurants.

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  • Mar 5, 2010: referred to health

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BILL NUMBER:A10129

TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the use of salt in the preparation of food by restaurants

PURPOSE OR GENERAL IDEA OF BILL: To prohibit restaurants from using salt when preparing customers' meals. Customers will have the discretion to add salt to their own meal after it has been prepared.

SUMMARY OF SPECIFIC PROVISIONS: The general business law is amended by adding a new section 399-bbb, which would prohibit the use of salt by owner or operators of a restaurant when preparing food for consumption by customers.

JUSTIFICATION: This legislation will give customers the option to add salt after the meal has been prepared for them. In this way, consumers have more control over the amount of sodium they intake, and are given the option to exercise healthier diets and healthier lifestyles.

A report issued by the World Health Organization indicated that three quarters or more of the sodium intake in the United States comes from processed or restaurant foods, Studies have also proven that lowering the amount of salt people eat, even by small amounts, could reduce cases of heart disease, stroke, and heart attacks as much as reductions in smoking, obesity, and cholesterol levels. The study also stated that if everyone consumed half a teaspoon less per day, there would be between 54,000 and 99,000 fewer heart attacks each year and between 44,000 and 92,000 fewer deaths.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 10129 IN ASSEMBLY March 5, 2010 ___________
Introduced by M. of A. ORTIZ, MARKEY -- Multi-Sponsored by -- M. of A. PERRY -- read once and referred to the Committee on Health AN ACT to amend the general business law, in relation to prohibiting the use of salt in the preparation of food by restaurants THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-bbb to read as follows: S 399-BBB. PROHIBITION ON SALT; RESTAURANTS. 1. NO OWNER OR OPERATOR OF A RESTAURANT IN THIS STATE SHALL USE SALT IN ANY FORM IN THE PREPARA- TION OF ANY FOOD FOR CONSUMPTION BY CUSTOMERS OF SUCH RESTAURANT, INCLUDING FOOD PREPARED TO BE CONSUMED ON THE PREMISES OF SUCH RESTAU- RANT OR OFF OF SUCH PREMISES. 2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION. EACH USE OF SALT IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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