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A02720 Summary:

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A02720 Floor Votes:

A02720 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2720--A
                                                                Cal. No. 442
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 21, 2009
                                       ___________
 
        Introduced  by  M.  of  A. ORTIZ, GOTTFRIED, COOK, P. RIVERA, MAYERSOHN,
          GABRYSZAK, KOON, GALEF, CHRISTENSEN, FIELDS, BOYLAND,  PAULIN,  BARRON
          --  Multi-Sponsored  by  --  M. of A. BRENNAN, CLARK, DINOWITZ, GLICK,
          HOOPER, JACOBS, LATIMER, LAVINE, MAISEL,  McENENY,  MILLMAN,  PHEFFER,

          J. RIVERA,  ROSENTHAL,  TOWNS, WEISENBERG -- read once and referred to
          the Committee on Health -- reported  from  committee,  advanced  to  a
          third  reading,  amended and ordered reprinted, retaining its place on
          the order of third reading
 
        AN ACT to amend the public health law, in relation  to  the  posting  of
          caloric value of food items
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  1352-d to read as follows:
     3    §  1352-d.  Caloric  value.  1.    The  commissioner is authorized and
     4  directed to promulgate rules and regulations requiring chain restaurants
     5  or food service establishments subject  to  the  provisions  of  section

     6  thirteen  hundred fifty-one of this title to post calorie content values
     7  for menu items as usually prepared and  offered  for  sale  on  standard
     8  printed  menus  and  menu  boards  or food items as usually prepared and
     9  offered for sale that are identified by tags or labels placed  in  close
    10  proximity  to  such  food items displayed for sale.  The rules and regu-
    11  lations shall require such chain restaurants and food service establish-
    12  ments to post the number of calories per menu item adjacent to such menu
    13  items on menu boards and menus, and on food item tags. Such  information
    14  shall be listed clearly and conspicuously, adjacent to or in close prox-
    15  imity  to the applicable menu or food item so that it is clearly associ-

    16  ated with such item, and in a font and format that is at least as promi-
    17  nent, in size and appearance, as that used to post either  the  name  or
    18  price  of the menu item, and to post the range of calorie values showing
    19  the minimum to maximum numbers of calories for all flavors or  varieties
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD01896-04-9
        A. 2720--A                          2
 
     1  that  are  listed  as a single menu item.  For combinations of different
     2  food items listed or pictured as a single menu item, the range of  calo-

     3  rie  content  values  showing the minimum to maximum numbers of calories
     4  for all combinations of that menu item shall be listed on menus and menu
     5  boards. If there is only one possible calorie total for the combination,
     6  then  that  total  shall be listed on menus and menu boards. The commis-
     7  sioner shall develop regulations for  the  posting  of  calorie  content
     8  value  information  per serving for menu items that are clearly intended
     9  for serving more than one individual.  Calorie content values at  drive-
    10  through  windows  shall  be  displayed  on either the drive-through menu
    11  board, or on an adjacent stanchion visible at, or prior to the point  of
    12  ordering,  so  long  as  the  calorie  content values are as clearly and

    13  conspicuously posted on the stanchion adjacent to their respective  menu
    14  item  names,  as  the  price  or  menu item is on the drive-through menu
    15  board. The commissioner shall develop regulations to provide a temporary
    16  waiver of the provisions of this section  for  posting  calorie  content
    17  values  on  a  menu  board  or  stanchion for a chain restaurant or food
    18  service establishment that is in the process of seeking approval from  a
    19  city, town or village for construction of such stanchions.  This section
    20  shall  not  apply  to menu items listed or food items displayed for less
    21  than thirty days in one calendar year.   Nothing in this  section  shall
    22  prohibit  any restaurant or food establishment from providing additional

    23  nutritional information for menu items or a disclaimer that there may be
    24  variations in actual calorie content because of variability  in  factors
    25  such  as ingredients, actual serving sizes and customer ordering prefer-
    26  ences.
    27    2. As used in this section "chain restaurant or  food  service  estab-
    28  lishment"  shall  mean a restaurant or food establishment subject to the
    29  provisions of section thirteen hundred fifty-one of this  title  engaged
    30  in  the preparation, serving and sale of food or beverages or meals with
    31  standardized preparation, portion sizes and content intended for  public
    32  consumption, regardless of whether consumption takes place on or off the
    33  premises, that is one of at least fifteen such restaurants or establish-

    34  ments  doing business nationally and operating under common ownership or
    35  control, or as franchised outlets of a parent business or doing business
    36  under the same trade name and offering predominantly the same menu items
    37  on the same menus or menu boards or food items with food  item  tags  or
    38  labels.    The provisions of this section shall not apply to food estab-
    39  lishments that are licensed under article twenty-C  of  the  agriculture
    40  and  markets law except for sections within such licensed establishments
    41  that have been determined by the commissioner to be chain restaurants or
    42  food service establishments as defined in this section.
    43    3. For purposes of this section, the commissioner or his duly  author-

    44  ized agents or employees who inspect restaurants and food service estab-
    45  lishments  shall  only be required to determine that the calorie content
    46  value listings required under this section are listed  on  the  menu  or
    47  menu board. Such inspectors shall not be required to verify the accuracy
    48  of  the listings but the commissioner may request that chain restaurants
    49  and food service establishments provide documentation of  the  accuracy.
    50  The commissioner shall develop regulations for such restaurants and food
    51  service  establishments  to  determine such calorie content values using
    52  analysis such as nutrient databases, laboratory testing or other accept-
    53  able methods of analysis.   Notwithstanding the  provisions  of  section

    54  thirteen  hundred fifty-three of this title, the penalty for a violation
    55  of this section shall be limited to the penalty  set  forth  in  section
    56  twelve of this chapter.
        A. 2720--A                          3
 
     1    The  provisions  of  this  section  shall preempt the authority of any
     2  county, city, town or village to  adopt  and  enforce  additional  local
     3  laws,  ordinances or regulations that are more stringent than the stand-
     4  ards set forth in this section and the rules and regulations promulgated
     5  pursuant  thereto,  including  local  laws,  ordinances  or  regulations
     6  requiring nutrition information posting on menus or menu boards or  food
     7  item tags.

     8    §  2. This act shall take effect one year after it shall have become a
     9  law; provided, however, that effective immediately the  commissioner  of
    10  health  is  authorized and directed to promulgate any rule or regulation
    11  or to take any other necessary action to ensure the  timely  implementa-
    12  tion  of this act on its effective date, and provided, further, that the
    13  commissioner of health shall consult with nutrition and  health  profes-
    14  sionals,  representatives of restaurants or food service establishments,
    15  and consumers prior to promulgating any such rule or regulation.