A7662A-2011 Actions

• Jun 18, 2012: print number 7662c
• Jun 18, 2012: amend and recommit to codes
• Jun 5, 2012: reported referred to codes
• May 29, 2012: print number 7662b
• May 29, 2012: amend and recommit to health
• Mar 1, 2012: print number 7662a
• Mar 1, 2012: amend and recommit to health
• Jan 4, 2012: referred to health
• May 12, 2011: referred to health

A7662A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7662--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 May 12, 2011
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
 on Health -- recommitted to the Committee on Health in accordance with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee
 

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-d to read as follows:

 

S 1352-D. 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. A RESTAURANT MAY OFFER AN INCENTIVE ITEM IN  COMBINATION  WITH  THE
 PURCHASE  OF  A  MEAL  ONLY  IF THE MEAL MEETS THE FOLLOWING NUTRITIONAL
 STANDARDS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11079-03-2
 
       A. 7662--A                          2
 A. LESS THAN FIVE HUNDRED CALORIES;
 B. LESS THAN SIX HUNDRED MILLIGRAMS OF SODIUM;
 C.  LESS  THAN  THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT, EXCEPT
 FOR FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT BUTTER;
 D. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS, EXCEPT
 FOR SATURATED FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER  NUT
 BUTTER;
 E.  LESS  THAN  TEN PERCENT OF TOTAL CALORIES FROM ADDED SUGARS AND/OR
 CALORIC SWEETENERS;
 F. CONTAINS ONE HALF CUP OF FRUITS OR VEGETABLES  OR  ONE  SERVING  OF
 WHOLE-GRAIN PRODUCTS; AND
 G. A BEVERAGE, IF INCLUDED, THAT MEETS THE CRITERIA SPECIFIED IN PARA
 GRAPH E OF THIS SUBDIVISION.
 3.  A  RESTAURANT  MAY OFFER AN INCENTIVE ITEM IN COMBINATION WITH THE
 PURCHASE OF A SINGLE FOOD ITEM ONLY IF THE SINGLE FOOD  ITEM  MEETS  THE
 FOLLOWING NUTRITIONAL STANDARDS:

 A. LESS THAN TWO HUNDRED CALORIES;
 B. LESS THAN TWO HUNDRED MILLIGRAMS OF SODIUM;
 C.  LESS  THAN  THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT, EXCEPT
 FOR FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER NUT BUTTER;
 D. LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS, EXCEPT
 FOR SATURATED FAT CONTAINED IN NUTS, SEEDS, PEANUT BUTTER, OR OTHER  NUT
 BUTTER;
 E.  LESS  THAN  TEN PERCENT OF TOTAL CALORIES FROM ADDED SUGARS AND/OR
 CALORIC SWEETENERS; AND
 F. CONTAINS ONE HALF CUP OF FRUITS OR VEGETABLES  OR  ONE  SERVING  OF
 WHOLE-GRAIN PRODUCTS.
 4.  A  RESTAURANT  MAY OFFER AN INCENTIVE ITEM IN COMBINATION WITH THE
 PURCHASE OF A BEVERAGE ONLY IF THE BEVERAGE MEETS THE  FOLLOWING  NUTRI
 TIONAL STANDARDS:

 A. LESS THAN ONE HUNDRED FIFTY CALORIES;
 B. LESS THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
 C. LESS THAN FIFTEEN PERCENT OF TOTAL CALORIES FROM SATURATED FAT;
 D.  LESS  THAN  TEN PERCENT OF TOTAL CALORIES FROM ADDED SUGARS AND/OR
 CALORIC SWEETENERS;
 E. NO ADDED NON-NUTRITIVE SWEETENERS;
 F. NO CAFFEINE, WITH THE  EXCEPTION  OF  TRACE  AMOUNTS  OF  NATURALLY
 OCCURRING CAFFEINE SUBSTANCES.
 5. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION SHALL
 BE  LIABLE  FOR A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED DOLLARS NOR
 MORE THAN FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION THEREOF;  NOT  LESS
 THAN  FIVE  HUNDRED  DOLLARS  NOR  MORE  THAN ONE THOUSAND DOLLARS FOR A
 SECOND VIOLATION THEREOF; AND NOT LESS THAN  ONE  THOUSAND  DOLLARS  NOR
 MORE  THAN  TWO  THOUSAND FIVE HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT
 VIOLATION THEREOF.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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