STATE OF NEW YORK
________________________________________________________________________
7849
IN SENATE
September 21, 2012
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Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to setting nutrition
standards for restaurants distributing incentive items aimed at chil-
dren
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
18 patrons, whether food or beverages are customarily consumed on or off
19 the premises.
20 2. The commissioner shall make regulations establishing nutritional
21 standards for meals, food items, and beverages that may be offered for
22 purchase in combination with an incentive item by a restaurant. A
23 restaurant may offer an incentive item in combination with the purchase
24 of a meal, food item, or beverage, only if the meal, food item, or
25 beverage, meets nutritional standards established by the commissioner
26 under this section. Nutritional standards under this section shall
27 include but are not limited to: calories; sodium; percentage of calo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11079-08-2
S. 7849 2
1 ries from fat (which may differentiate among kinds or sources of fat);
2 sugars and caloric sweeteners; and fruits, vegetables, and grains.
3 3. Any person who violates any of the provisions of this section shall
4 be liable for a civil penalty of up to five hundred dollars for a first
5 violation thereof; up to one thousand dollars for a second violation
6 thereof; and up to two thousand five hundred dollars for a third or
7 subsequent violation thereof.
8 § 2. This act shall take effect on the one hundred twentieth day after
9 it shall have become a law.
