S06408 Summary:

BILL NOS06408B
 
SAME ASSAME AS A06546-B
 
SPONSORRIVERA
 
COSPNSRBROUK, KAVANAGH, SEPULVEDA
 
MLTSPNSR
 
Add 1357, Pub Health L
 
Requires chain restaurants to display an added sugars warning next to or directly under the name of each food item with high added sugars content wherever such food item is listed on a menu, menu board, or food tag, and by any self-serve dispensing point at which such food item is dispensed.
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S06408 Actions:

BILL NOS06408B
 
04/18/2023REFERRED TO HEALTH
05/09/2023AMEND AND RECOMMIT TO HEALTH
05/09/2023PRINT NUMBER 6408A
05/17/2023REPORTED AND COMMITTED TO FINANCE
01/03/2024REFERRED TO HEALTH
02/06/20241ST REPORT CAL.385
02/07/20242ND REPORT CAL.
02/12/2024ADVANCED TO THIRD READING
03/05/2024AMENDED ON THIRD READING 6408B
06/07/2024COMMITTED TO RULES
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S06408 Committee Votes:

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S06408 Floor Votes:

There are no votes for this bill in this legislative session.
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S06408 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6408--B
            Cal. No. 385
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     April 18, 2023
                                       ___________
 
        Introduced by Sens. RIVERA, BROUK, KAVANAGH, SEPULVEDA -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Health -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Health in accordance  with  Senate  Rule  6,  sec.  8  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN  ACT  to  amend the public health law, in relation to requiring chain
          restaurants to label menu items that have  a  high  content  of  added
          sugars
 
          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  1357 to read as follows:
     3    §  1357.  Added sugar safety warnings for chain restaurants. 1.  Defi-
     4  nitions. For purposes of this section the following terms shall have the
     5  following meanings:
     6    a. "Chain menu developer" means a person that owns  and  licenses  the
     7  brand  name  under which the covered establishment does business, or any
     8  other person responsible for determining the formula or recipe for items
     9  displayed on the menu of a covered establishment.
    10    b. "Covered establishment" means  a  food  service  establishment,  as
    11  defined in part fourteen of the New York sanitary code 10 NYCRR 14-1.20,
    12  that  is part of a chain with fifteen or more locations within the state
    13  doing business under the same name, regardless of the type of  ownership
    14  of  the  locations,  and  offering  for  sale substantially similar food
    15  items.
    16    c. "Food tag" means a written or printed description of food or bever-
    17  ages and their price, placed in the vicinity of a sample  or  self-serve
    18  item, including free-standing tags and tags attached to the shelf.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10483-05-4

        S. 6408--B                          2
 
     1    d.  "Discrete serving" means the separated or easily separable uniform
     2  portion or portions of a food item comprising a reasonable  estimate  of
     3  one  person's  share  of the food item.  Food items without separated or
     4  easily separable uniform portions do not contain discrete servings.
     5    e.  "High  added  sugars  content" means the item contains one hundred
     6  percent or more of the daily value for added sugars, as  established  by
     7  the federal Food and Drug Administration.
     8    f.  "Menu"  means  the primary writing of a covered establishment from
     9  which a customer makes an order selection, including but not limited to,
    10  breakfast, lunch, and dinner menus; dessert menus; beverage menus; chil-
    11  dren's menus; other specialty menus; electronic menus; and menus on  the
    12  internet.
    13    g.  "Menu board" means a menu posted inside a covered establishment as
    14  well as a menu posted  outside  a  covered  establishment,  including  a
    15  drive-through menu.
    16    h.  "Food  item"  means  a food or beverage item offered for sale by a
    17  covered establishment that is listed on a menu, menu board, or food tag,
    18  including a variable food or  beverage  item  that  comes  in  different
    19  flavors, varieties, or combinations and is listed as a single item. Food
    20  item  excludes  temporary  food  or  beverage items listed for less than
    21  sixty days per calendar year.
    22    i. "Point of purchase" means a place where a customer may  order  food
    23  within a covered establishment.
    24    j.  "Self-serve dispensing point" means a location at which a customer
    25  may access food or beverages without the assistance of a  staff  member,
    26  including self-serve fountain beverage machines.
    27    2. Added sugars warning. a. A covered establishment not exempted under
    28  subdivision  six  of  this section shall display an added sugars warning
    29  next to or directly under the name of each food  item  with  high  added
    30  sugars  content wherever such food item is listed on a menu, menu board,
    31  or food tag, and by any self-serve dispensing point at which  such  food
    32  item  is dispensed. This requirement applies to any menu item that comes
    33  in different flavors, varieties, or combinations if any flavor, variety,
    34  or combination has high added sugars content.
    35    b. A food item  that  consists  of  more  than  one  discrete  serving
    36  requires  an  added  sugars  warning only if each discrete serving has a
    37  high added sugars content.
    38    c.  No later than one year after the department issues the  rules  and
    39  regulations  required  pursuant  to  paragraph  d of this subdivision, a
    40  covered establishment is required to display at least one clearly  visi-
    41  ble warning on a menu, menu board, food tag, or by a self-serve dispens-
    42  ing  point pursuant to paragraph a of this subdivision, and shall make a
    43  factual warning statement about high added  sugars  intake  prominently,
    44  clearly, and conspicuously visible at the point of purchase.
    45    d.  No  later  than one year after the effective date of this section,
    46  the department shall promulgate  rules  and  regulations  designating  a
    47  warning and factual warning statement.
    48    3.  Reporting  requirement.  Once  every ninety days, every chain menu
    49  developer shall report to the department the amount of added  sugars  in
    50  each  food  item  offered for sale in a covered establishment, or report
    51  that no changes to the menu information have been made  since  the  last
    52  report.
    53    4.  Report.  No  later than six years after the effective date of this
    54  section, the department shall issue a report reviewing evidence  of  the
    55  impact  of this section on food item reformulation and consumer behavior

        S. 6408--B                          3
 
     1  and recommend additional nutrients that should be  considered  for  menu
     2  warnings.
     3    5.  Violations.  Any  chain restaurant that violates the provisions of
     4  this section shall be subject to a civil penalty of not  more  than  two
     5  hundred fifty dollars per day for each location not in compliance.
     6    6.  Exemptions. The added sugars warning required pursuant to subdivi-
     7  sion two of this section shall not be required to be displayed next to a
     8  food item that is already labeled with an added sugars warning equal  or
     9  greater  in  size  and  similar in general appearance, when such icon is
    10  required pursuant to a rule, regulation, ordinance, local law, order, or
    11  policy issued by another jurisdiction having the same  or  substantially
    12  similar  effect  as  determined by the commissioner. Food service estab-
    13  lishments exempted from the added sugars warning labeling requirement by
    14  this subdivision shall be used  in  determining  if  a  particular  food
    15  service establishment is a chain restaurant.
    16    § 2. Severability. If any provision of this act, or any application of
    17  any  provision  of  this act, is held to be invalid, or to violate or be
    18  inconsistent with any federal law or regulation, that shall  not  affect
    19  the  validity or effectiveness of any other provision of this act, or of
    20  any other application of any provision of this act, which can  be  given
    21  effect  without  that  provision  or  application;  and to that end, the
    22  provisions and applications of this act are severable.
    23    § 3. This act shall take effect one year after it shall have become  a
    24  law. Effective immediately, the addition, amendment and/or repeal of any
    25  rule  or  regulation necessary for the implementation of this act on its
    26  effective date are authorized to be made and completed on or before such
    27  effective date.
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