STATE OF NEW YORK
________________________________________________________________________
6458
IN SENATE
January 14, 2010
___________
Introduced by Sen. HANNON -- 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 the posting of
caloric value, carbohydrate, fat and sodium content 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, carbohydrate, fat and sodium content. 1. A
4 chain restaurant or food establishment shall list adjacent to each food
5 or beverage item on the standard printed menu, the total number of calo-
6 ries, grams of saturated and trans fat, grams of carbohydrates, and
7 milligrams of sodium per serving, as usually prepared and offered for
8 sale, in a clear and conspicuous manner. For food or beverages offered
9 for sale in a chain restaurant or food establishment that uses only menu
10 boards or similar signs, the information required may be limited to the
11 total number of calories per serving per item as usually prepared and
12 offered for sale and shall be listed adjacent to each food or beverage
13 item on the standard menu board or sign, however, information about
14 grams of saturated and trans fat and grams of carbohydrates and milli-
15 grams of sodium shall be made available to customers upon request.
16 2. Food or beverage items shall be analyzed by the franchisors or
17 corporate owners of the chain restaurants or food establishments for
18 calorie, saturated and trans fat, carbohydrate and sodium content using
19 methods approved by the commissioner and such information shall be
20 provided to their individual chain restaurants and food establishments
21 for listing on menus or menu boards or signs. The nutrient content
22 values listed on the menu or menu board shall be within twenty percent
23 of the values of representative items as usually prepared and offered
24 for sale. Franchisors or corporate owners shall provide to the commis-
25 sioner, if requested, information documenting the accuracy of the nutri-
26 ent content values. When a food or beverage item is offered in more
27 than one size or amount on the menu or menu board the chain restaurant
28 or food establishment shall have the option of providing the required
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01896-05-0
S. 6458 2
1 nutrient information for the medium size, when offered, or the range of
2 nutrient contents for all the sizes instead of each size individually.
3 Nothing in this section shall prohibit any restaurant or food establish-
4 ment from providing additional nutritional information for food or
5 beverage items.
6 3. As used in this section "chain restaurant or food establishment"
7 shall mean a restaurant or food establishment subject to the provisions
8 of section thirteen hundred fifty-one of this title engaged in the prep-
9 aration, serving and sale of food or beverages or meals intended for
10 public consumption, including the site where portions are provided
11 regardless of whether consumption takes place on or off the premises,
12 that is one of at least ten such restaurants or establishments in the
13 United States and at least five such restaurants or establishments in
14 New York state doing business under the same trade name and offering
15 predominantly the same meals or food and menus or menu boards. The
16 provisions of this section shall not apply to food establishments that
17 are licensed under article twenty-C of the agriculture and markets law
18 except for sections within such establishments that have been determined
19 by the department to meet the above definition of chain restaurants or
20 food establishments including the use of a common trade name for the
21 section, standardized menus or menu boards and the offer of on-premises
22 consumption.
23 4. For purposes of this section, the commissioner or his duly author-
24 ized agents or employees who inspect chain restaurants and food estab-
25 lishments shall only be required to determine that the nutrient content
26 listings required under this section are listed on the menu or menu
27 board and that any additional required information is available for and
28 provided to customers upon request. Such inspectors shall not be
29 required to verify the accuracy of the listings but the commissioner may
30 request that franchisors or corporate owners of chain restaurants and
31 food establishments provide documentation of the accuracy. Violations of
32 this section by individual chain restaurants and food establishments
33 shall be limited to the failure to list the required information on the
34 menu or menu boards or signs or failure to provide the additional
35 required information to customers upon request at chain restaurants or
36 food establishments with only menu boards or signs. Violations by fran-
37 chisors or corporate owners of such restaurants and establishments shall
38 be limited to failure to provide to the commissioner satisfactory
39 documentation of the accuracy of such listings or failure to provide the
40 required information for such listings to their restaurants or food
41 establishments. Notwithstanding the provisions of section thirteen
42 hundred fifty-three of this title, the penalty for a violation of this
43 section shall be limited to the penalty set forth in section twelve of
44 this chapter.
45 § 2. This act shall take effect on the one hundred eightieth day after
46 it shall have become a law; provided, however, that effective immediate-
47 ly the commissioner of health is authorized and directed to promulgate
48 any rule or regulation or to take any other necessary action to ensure
49 the timely implementation of this act on its effective date, and
50 provided, further, that the commissioner of health shall consult with
51 nutrition and health professionals, representatives of restaurants or
52 food establishments, and consumers prior to promulgating any such rule
53 or regulation.
