STATE OF NEW YORK
2011-2012 Regular Sessions
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 -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted 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-
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. Incentive items with restaurant food. 1. For the purposes of
4 this section, the following terms shall be defined as follows:
5 a. "Incentive item" shall mean any toy, game, trading card, admission
6 ticket or other consumer product, whether physical or digital, with
7 particular appeal to children, which is provided directly by the restau-
8 rant, or any coupon, voucher, ticket, token, code or password which is
9 provided directly by the restaurant and is redeemable for or grants
10 digital or other access to any toy, game, trading card, admission tick-
11 et, or other consumer product with particular appeal to children.
12 b. "Meal" shall mean any combination of food and drink items offered
13 together for a single price.
14 c. "Restaurant" shall mean any coffee shop, cafeteria, luncheonette,
15 sandwich stand, diner, short order cafe, fast food establishment, soda
16 fountain, and any other eating or beverage establishment, which gives or
17 offers for sale food or beverages to the public, guests, members, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 7662--C 2
1 patrons, whether food or beverages are customarily consumed on or off
2 the premises.
3 2. The commissioner shall make regulations establishing nutritional
4 standards for meals, food items, and beverages that may be offered for
5 purchase in combination with an incentive item by a restaurant. A
6 restaurant may offer an incentive item in combination with the purchase
7 of a meal, food item, or beverage, only if the meal, food item, or
8 beverage, meets nutritional standards established by the commissioner
9 under this section. Nutritional standards under this section shall
10 include but are not limited to: calories; sodium; percentage of calo-
11 ries from fat (which may differentiate among kinds or sources of fat);
12 sugars and caloric sweeteners; and fruits, vegetables, and grains.
13 3. Any person who violates any of the provisions of this section shall
14 be liable for a civil penalty of up to five hundred dollars for a first
15 violation thereof; up to one thousand dollars for a second violation
16 thereof; and up to two thousand five hundred dollars for a third or
17 subsequent violation thereof.
18 § 2. This act shall take effect on the one hundred twentieth day after
19 it shall have become a law.