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

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S937-2013 Actions

• May 21, 2013: REPORTED AND COMMITTED TO CODES
• Jan 9, 2013: REFERRED TO HEALTH

S937-2013 Meetings

Health: May 21, 2013

S937-2013 Votes

S937-2013 Memo

BILL NUMBER:S937

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. Meals will be
required to fall within certain nutritional guidelines which will
limit the amount of fat, sugar, calories 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, mane, 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 the commissioner shall
make regulations establishing nutrition standards for meals, food
items, and beverages offered for purchase in combination with an
incentive item by a restaurant.

Penalties for violation of the provisions will result in:

1st violation - up to $500 fine

2nd Violation - up to $1,000 fine

3rd Violation - up to $2,500 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 $217.6 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 our children by the U.S. 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 $60 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 to the State.

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

S937-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     937

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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. 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.
                                                             LBD01335-01-3

 S. 937                              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.
    S 2. This act shall take effect on the one hundred twentieth day after
  it shall have become a law.