This bill has been amended

Bill S6386-2011

Sets nutrition standards for restaurants distributing incentive items aimed at children

Sets nutrition standards for restaurants distributing incentive items aimed at children.

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  • Feb 2, 2012: REFERRED TO HEALTH

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BILL NUMBER:S6386

TITLE OF BILL: An act to amend the public health law, in relation to setting nutrition standards for restaurants distributing incentive items aimed at children

PURPOSE: This legislation will set standards by which fast food restaurants must adhere to with regard to the distribution of incentives with the purchase of children's meals. Heals will be required to fall within certain nutritional guidelines which will limit the amount of fat, sugar and sodium per meal. If a meal that is geared for children falls outside of these guidelines, the restaurant will be forced to remove the incentive item.

SUMMARY OF PROVISIONS: The public health law is amended by adding a new section 1352-d which defines the terms:

-incentive item - 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 restaurant

-meal - any combination of food and drink items offered together for a single price

- restaurant - 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

This section (1352-d) goes on to state that a restaurant may only offer an incentive item in combination with the purchase of a meal when the meal meets certain nutritional standards (less than 500 calories, less than 600 mg of sodium, less than 353 of total calories from fat, less than 10% of total calories from saturated fats, less than 10% of calories from added sugars, must contain 1/4 cup of fruits or vegetables or 1 serving of whole grain products). This section is also amended to include stipulations about the inclusion of an incentive item in the purchase of a single food item or a beverage item.

Penalties for violation of the provisions will result in:

1st violation - no less than $200, no more than $500 fine

2nd Violation - no less than $500, no more than $1,000 fine 3rd violation - no less than $1,000, no more than $1,500 fine

JUSTIFICATION:

Obesity in this country has grown into an alarming epidemic. Seventy-three million Americans are obese according to a 2010 report issued by the Center for Disease Control, which is a large increase from the 2.4 million obese Americans in 2007. Furthermore, at least 17% of American Children (ages 2-19 years) are how considered overweight or obese.

Obesity in our children comes with increased health risks, both now and in the future during adulthood. Children who are overweight or obese also have an increased risk for being overweight or obese when they are older. The cost of obesity is also extremely serious. Nationally, the annual cost of providing inpatient treatment to children diagnosed with obesity increased from $125.9 million in 2001 to $237.6 million in 2005.

The food that is served in restaurants that is geared toward our children is often the Culprit in this obesity epidemic. Studies have shown a positive association between eating out, higher caloric intakes, and higher body weights. Children often eat nearly twice as many calories (an average of 770) when they eat a meal at a restaurant than they do when they eat at home {an average of 420). What is also alarming is the fact that the meals served in restaurants often fail to meet the recommended healthy nutritional standards set for cur children by the US Department of Health and Human Services.

Restaurants are encouraging our children to make these unhealthy choices by linking them, with a free toy or other incentive item. An estimated $360 million was spent in 2006 by ten major restaurant chains on incentive items to distribute with their children's meals. This legislation does not seek to ban these toys and incentives, but rather use them to reward healthier purchases. Linking toys with healthier options will reward our children for making better nutritional choices.

This legislation will improve the health of the children of New York State by setting healthy nutritional guidelines for children's meals that are served in restaurants and accompanied by toys or other incentive items. These standards will support families seeking healthy eating choices for their children. Children will be encouraged to make healthier choices when eating out.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 120th day after it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6386 IN SENATE February 2, 2012 ___________
Introduced by Sen. RIVERA -- 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 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: 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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