Assemblyman Ortiz Tirelessly Battles
Childhood Obesity 'Epidemic'

Assemblyman Felix Ortiz

Health experts, including the Surgeon General, consider obesity, especially among children and minority populations, to be approaching epidemic proportions. Obesity-related deaths are approaching the levels of tobacco-related deaths. The percentage of American children who are obese has doubled since the 1980s. One in four obese children have early signs of Type II diabetes formerly seen only in adults. Overweight children as young as eight have been found with risk factors for heart disease. A study conducted in May 2003 at New York City elementary public schools found that 43 percent of the students weigh more than they should. The city's survey of obesity found significant differences among the races and ethnic groups; among Hispanic Children the rate of obesity is 31 percent.

Assemblyman Felix Ortiz has championed the fight against childhood obesity. In the past year the Assemblyman has marshaled an arsenal of bills to tackle the 'epidemic' of childhood obesity and related diseases. As Chair of the Task Force on Food Farm and Nutrition Policy, Ortiz has sponsored six Public Hearings to highlight the problem of Childhood Obesity and looked at efforts to prevent or reduce it.

The Assemblyman hit the ground running this year by drawing immediate attention to the Governor's cavalier attitude to the pressing health problem of childhood obesity and the Senate's failure to pass his childhood obesity prevention legislation last year. Ortiz directed that a series of Public Hearings on childhood obesity at school, at home and in the school environment be undertaken.

As part of his battle against childhood obesity Ortiz continues to meet with groups and discuss methods of tackling the problem. Last March the Assemblyman met with the New York State Dietetic association.

The Nutritionists joined Assemblyman Felix Ortiz at a press conference to highlight their serious concerns about the issue of labeling and healthier eating habits for children.




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Assemblyman Felix W. Ortiz, Chair of the Assembly Task Force on Food, Farm and Nutrition Policy, was joined by local members of the New York State Dietetic Association (NYSDA) - including Kindy Peaslee, a Registered Dietitian (RD) from Greenfield Center, NY who is the spokesperson for the NYSDA, Maria Museler, RD from Albany, Marlisa Brown, RD from Bayshore, Long Island and Rita Batheja, RD from Baldwin, Long Island. At the press conference they highlighted the obesity crisis and the necessity of the introduction of legislation requiring health insurance policies to cover Medical Nutrition Therapy (MNT). The federal Medicare program has determined that MNT can be a reimbursable procedure for certain medical conditions.


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"These are serious health issues that we cannot ignore, not only because of the suffering of the children but also because of the toll on our health care system, our schools and our future workforce. Obesity and diabetes are very difficult and persistent problems among adults in our society, therefore the State needs to address it in childhood. The health insurance industry can help by covering the services of dietitians when families are referred by their doctor. Our schools need to be safe places for children's education, health and well-being - not another place for food businesses to boost sales. Parents need more information about what their kids are putting in their bodies. That is why I am introducing these bills," said Ortiz

Along with this Assemblyman Ortiz, (Brooklyn), Chair of the Task Force on Food, Farm and Nutrition Policy was joined by Margo Wootan, Director of Nutrition Policy at the Washington, DC based Center for Science in the Public Interest (CSPI) on March 11th to push for passage of A.5520 the bill that requires fast food and other foodservice chains to list fat, carbohydrate, calorie, and sodium levels for items on their menu boards or regular menus.


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According to Ortiz, "As more families eat out they may search menus for items suitable for themselves and their children but they can't really know what is higher-calorie or lower fat while standing at the counter. My proposal would help consumers who are concerned about rising levels of obesity to decide what to order."

"We congratulate Assemblyman Ortiz for fighting to give New Yorkers better Information about their food choices" said Wooton. "Too often, nutrition information in chain restaurants is hard to find, hard to read, or missing altogether."

As Chair of the Task Force on Food Farm and Nutrition Policy, Ortiz championed six public hearings this year to highlight the problem of childhood obesity and looked at efforts to prevent or reduce it.

In an effort to combat childhood obesity, the package of bills he sponsored, coupled healthy nutritional eating practices with initiatives to increase physical activity in children's' lifestyles. Ortiz has sponsored six bills in this area: legislation to prevent child obesity through media programs and school and community based programs to improve nutrition and increase physical activity, and provide training to medical professionals; a chain restaurant nutrition labeling bill to require calorie, fat carbohydrate and sodium content on menus; a bill which specifically stipulates that medical nutrition therapy will be covered under individual and group health insurance policies; and an initiative to increase the quality and quantity of physical education in schools. Assemblyman Ortiz has endeavored also to establish a childhood obesity prevention program fund.

Assemblyman Ortiz and Assemblywoman Galef introduced legislation that would expand existing school snack restrictions to prevent school vending machines from selling soda and candy all day and to require nutritional items be sold as well.


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At a press conference on June 9th Assemblyman Felix Ortiz along with Assembly Member Galef discussed:

  • A.6563A - An act to amend the education law, in relation to the prohibition of certain foods in vending machines on school grounds or property.
  • A.5520 - Chain Restaurant and food establishment Nutrition Labeling
  • A.2800A - Childhood Obesity Prevention Program
  • A.8711 - Physical Education Requirements in School


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The Assemblyman was joined by representatives of the Nutritional Resource Educators of Saratoga County, American Heart Association, Cornell Coop Extension and the New York State Dietetic Association to discuss the epidemic of childhood obesity.


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Assembly Members Felix Ortiz, Sandy Galef, and John McEneny recognize the serious nature of the problem of obesity. Many believe this problem is tied to increased consumption of snacks, soft drinks, and fast foods, increased sedentary activities - such as watching TV and playing video games - and decreased opportunities for exercise and physical activity. Ortiz has responded with legislation to address this problem. He called on his colleagues and the governor to support the legislation.

Ortiz stated "Our kids need to eat drink and learn about healthy foods and have more opportunities for exercise before they all end up with diabetes and other obesity related diseases."

The Assemblyman pointed out that there has been a growth from 26 percent to 46percent of total food dollars spent outside the home from 1970 to today there has been a three fold rise in the incidences of obesity in children from 1963 to today.


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Public Hearing


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The Assembly Task Force on Food Farm and Nutrition Policy, chaired by Assemblyman Felix Ortiz and the Senate and Assembly Committees on Children and Families chaired by Senator Mary Lou Rath and Assemblyman Roger Green jointly sponsored a series of hearings on Preventing Childhood Obesity at School, at Home and in the Community. Public Hearings were held in New York City, Westchester and Long Island. The most recent hearings were held Thursday June 5th, at University at Buffalo's School of Public Health, Friday June 6th at Onandoga County legislative Chambers in Syracuse and in Albany June 10th in the Legislative Office Building.


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The witness list included food industry representatives of the NYS Restaurant Association and the Grocery Manufacturers of America, Cardiologist Mark Nelson, FACC, MPH, MD., Sandra McNeil, Clinical Manager Nutrition and Diabetes, Glens Falls Hospital, Dona Barth, Food Service Director, Cohoes Schools, NYS School Food Service Association, Representatives of the American Cancer Society, the American Academy of Pediatrics, the NYS Physical Educators Association and the NYS Farm Bureau. Overseeing the hearings were Assemblyman Felix Ortiz, Assemblyman Roger Green, Assembly Member Rhoda Jacobs; Senator Velmanette Montgomery and Senator Mary Lou Rath.


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As part of his ongoing bid to tackle childhood obesity Assemblyman Felix W. Ortiz recently introduced the Childhood Obesity Prevention Program Fund (A.9145). The Ortiz bill would require an additional ¼ of one percent sales tax on: food and drink currently taxed, except for bottled water; the sale and rental of video and computer games, and video game equipment; and, the sale and rental of video and DVD movies. There would also be a new 1 percent sales tax on untaxed food and drink that are defined as sweets or snacks according to the federal National Nutrient Database for Standard Reference, and on admission to movie theaters. Corporations would pay a tax on their New York share of advertising these products on television shows primarily watched by children under 18. The revenues raised would be deposited in a Childhood Obesity Prevention Program fund for the purpose of supporting the NYS Childhood Obesity Prevention Program.



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