Bill Text: NJ A5115 | 2026-2027 | Regular Session | Introduced
Bill Title: Requires children's meals and beverages served in certain settings to meet nutritional standards.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced) 2026-05-18 - Introduced, Referred to Assembly Children, Families and Food Security Committee [A5115 Detail]
Download: New_Jersey-2026-A5115-Introduced.html
Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblywoman MARISA SWEENEY
District 25 (Morris and Passaic)
SYNOPSIS
Requires children's meals and beverages served in certain settings to meet nutritional standards.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning nutritional standards for children's meals and beverages served in certain settings and supplementing Title 26 of the Revised Statues.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Over the past 30 years, the obesity rate in the United States has more than doubled. According to the federal Centers for Disease Control and Prevention, in 2009, nearly two-thirds, or 68.5 percent of American adults were overweight or obese. Approximately one-third of children nationwide are overweight or obese. Obese children are at least twice as likely as non-obese children to become overweight or obese as adults.
b. In 2017, 61.9 percent of adults and 14.9 percent of children, ages zero to 17, in the State of New Jersey were overweight or obese.
c. Obesity-related health conditions have serious economic costs. The medical burden of obesity in the United States is about $147 billion annually, or almost 10 percent of all medical spending. Roughly one-half of these costs are paid through Medicaid and Medicare and, as a result, are incurred by taxpayers throughout the country. In 2018, New Jersey's annual obesity related medical expenditures were estimated at $9.3 million.
d. American children consume 19 percent of their daily calories at fast food and other restaurants. Studies link eating in restaurants with higher caloric intakes and obesity.
e. Therefore, it is in the public interest to establish nutritional standards for children's meals sold at chain restaurants and beverages served at restaurants in order to reduce the number of overweight and obese children, and to promote healthy eating and active living among the citizens of the State.
2. As used in this act:
"Chain restaurant" means a restaurant or similar retail food establishment that is part of a chain with 20 or more locations doing business under the same name, regardless of the type of ownership of the locations, and substantially offers the same menu items for sale.
"Children's meal" means a combination of food items or food items and a beverage, sold together at a single price, primarily intended for consumption by children.
"Restaurant" means any facility or part thereof in which food is prepared and provided or served for consumption on the premises.
3. a. An owner, operator, or the proprietor of a chain restaurant shall not sell, offer to sell, or serve a children's meal unless two or more children's meals, or 25 percent or more of the children's meals on the children's menu, whichever is greater, adhere to the following nutritional standards:
(1) the meal shall contain no more than:
(a) 550 calories per serving;
(b) 700 milligrams of sodium;
(c) 15 grams of added sugar;
(d) 10 percent of calories from saturated fat; and
(e) 0 grams of trans fat;
(2) the meal shall contain at least 0.5 cups of fresh fruits or vegetables, and at least one of the following:
(a) a whole grain product which lists whole grains as its first ingredient, equals 50 percent whole grains by weight of product, or contains 50 percent whole grains by weight of grains;
(b) a lean protein consisting of at least two ounces of meat, one ounce of nuts, seeds, dry beans or peas, or one egg; or
(c) at least 0.5 cups of non-fat or one percent milk, low fat yogurt, or one ounce of reduced fat cheese.
For purposes of this subsection: juices, condiments, jellies, jams, or spreads shall not be considered a fruit or vegetable; and a lean protein shall contain less than 10 grams of fat, 4.5 grams or less of saturated fat, and less than 94 milligrams of cholesterol per 100 grams and per labeled serving; and
(3) substitutions of any of the items contained in a children's meal pursuant to this subsection shall be permissible upon request by a customer.
b. (1) A chain restaurant using a standard printed menu shall list next to a children's meal on the menu, the nutritional content of the meal as required pursuant to subsection a. of this section, using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the children's meal.
(2) A chain restaurant using a menu board system or similar signage shall list next to the children's meal on the board or sign, the nutritional content of the meal as required pursuant to subsection a. of this section.
(3) If the children's meal includes a beverage, the chain restaurant using a standard printed menu shall also list next to the children's meal on the menu, the caloric information for the beverage, using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the children's meal.
c. A chain restaurant that posts the nutritional content of a children's meal on its company website or mobile application shall be exempt from the requirements of subsection b. of this section.
4. a. An owner, operator, or proprietor of a chain restaurant or restaurant shall not sell a children's meal with a beverage unless the default beverage is one of the following:
(1) water, sparkling water, or flavored water with no added natural or artificial sweetener;
(2) flavored or unflavored nonfat or low-fat, such as one percent, dairy milk or non-dairy beverage that is nutritionally equivalent to fluid milk, such as soy milk, in a serving size of eight ounces or less; or
(3) 100 percent fruit or vegetable juice or fruit or vegetable juice combined with water or carbonated water, with no added natural or artificial sweetener, in a serving size of no more than 6.75 ounces; and
b. Substitutions of any of the items contained in a children's meal pursuant to this section shall be permissible upon request by a customer.
5. a. The Department of Health or the local board of health or the board, body, or officers exercising the functions of the local board of health according to law shall have the right to enter the premises of a chain restaurant or restaurant at which a children's meal is sold, offered for sale, or served, at any time during normal business hours and upon presentation of appropriate credentials, in order to determine compliance with the provisions of this act, or any rule or regulation adopted pursuant thereto.
b. The Department of Health or the local board of health or the board, body, or officers exercising the functions of the local board of health according to law, upon written complaint or having reason to suspect that a violation of this act has occurred, shall, by written notification, advise the owner, operator, or proprietor of the chain restaurant or restaurant accordingly and order appropriate action to be taken.
6. a. An owner, operator, or the proprietor of a chain restaurant or restaurant who knowingly sells, offers to sell, or serves a children's meal or beverage in violation of the provisions of sections 3 or 4 of this act shall be issued a warning for the first offense, liable to a civil penalty of up to $500 for the second offense, and up to $1,000 for a subsequent offense, provided that in no case shall the penalty against the owner or operator of the chain restaurant or restaurant exceed $5,000 during a 30-day period.
b. Any civil penalty imposed pursuant to subsection a. of this section shall be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law," P.L.1999, c.274 (C.2A:58-1 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court and the municipal court shall have jurisdiction to enforce and collect any penalty imposed for a violation of the provisions of this act. Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health or the local board of health as plaintiff.
7. a. Within three months of the enactment of this act, the Department of Health, in consultation with the New Jersey Restaurant and Hospitality Association, shall prepare and make available for distribution to chain restaurants and restaurants, both in print and in an easily printable format on the department's Internet website, a fact sheet to notify and inform chain restaurant and restaurant owners affected by the provisions of this act of the requirements of the law.
b. The department, in consultation with the New Jersey Restaurant and Hospitality Association, shall provide an informational poster, containing the information found in the fact sheet prepared in accordance with subsection a. of this section, to chain restaurants and restaurants for use and display at every location in their restaurants where customers may place food or drink orders.
8. The Department of Health shall adopt rules and regulations, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
9. This act shall take effect on the first day of the sixth month next following the date of enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill requires children's meals, and beverages if served with a children's meal, sold or offered for sale in chain restaurants, and beverages served with a children's meals sold or offered for sale in restaurants to adhere to certain nutritional standards outlined in the bill.
Specifically, a chain restaurant would not sell, offer for sale, or serve children's meals unless two or more such meals, or 25 percent or more of the children's meals on the children's menu, contains no more than: 550 calories per serving, 700 milligrams of sodium, 15 grams of added sugars, 10 percent of calories from saturated fat, 0 grams of trans fat, at least 0.5 cups of fresh fruits or vegetables (fruits and vegetables would not include juices, condiments, jellies, jams, or spreads), and either a whole grain product, a lean protein, or at least 0.5 cups of non-fat or one percent milk, low fat yogurt, or one ounce of reduced fat cheese.
Under the bill, if a children's meal is served with a beverage at a chain restaurant or a restaurant, that beverage would be: water, sparkling water, or flavored water with no added natural or artificial sweetener; flavored or unflavored nonfat or low-fat, such as one percent, dairy milk or a non-dairy beverage that is nutritionally equivalent to fluid milk, such as soy milk, in a serving size of 8 ounces or less; or 100 percent fruit or vegetable juice or fruit or vegetable juice combined with water or carbonated water, with no added natural or artificial sweetener, in a serving size of no more than 6.75 ounces.
The bill stipulates that substitutions of any of the items contained in a children's meal are permissible under the bill upon request by a customer.
A chain restaurant using a standard printed menu would be required to list the nutritional content of the meal, as required pursuant to the provisions of the bill, and if the meal includes a beverage, also list the caloric information for the beverage, next to a children's meal on the menu, using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the meal.
The bill exempts chain restaurants from certain provisions of the bill if the nutritional content of a children's meal is listed on their company websites or mobile applications.
As defined in the bill, "children's meal" means a combination of food items or food items and a beverage, sold together at a single price, primarily intended for consumption by children, "restaurant" means any facility or part thereof in which food is prepared and provided or served for consumption on the premises, and "chain restaurant" means a restaurant or similar retail food establishment that is part of a chain with 20 or more locations doing business under the same name, regardless of the type of ownership of the locations, and substantially offers the same menu items for sale.
The Department of Health (DOH) or a local board of health would: have the right to enter the premises of a chain restaurant or restaurant at which a children's meal is sold, offered for sale, or served, at any time during normal business hours and upon presentation of appropriate credentials, in order to determine compliance with the provisions of the bill; and advise the owner, operator, or proprietor of the chain restaurant or restaurant and order appropriate action to be taken, if it has reason to suspect that a violation has occurred.
Under the bill's provisions, an owner, operator, or the proprietor of a chain restaurant or restaurant who sells, offers to sell, or serves a children's meal in violation of the provisions of the bill will be issued a warning for a first offense, liable to a civil penalty not to exceed $500 for the second offense, and $1,000 for each subsequent offense. Penalties against an owner, operator, or the proprietor of the chain restaurant could not exceed $5,000 during a 30-day period.
The bill requires that within three months after enactment of the bill, the DOH, in consultation with the New Jersey Restaurant and Hospitality Association, is to: prepare and make available for distribution to chain restaurants and restaurants, both in print and in an easily printable format on its Internet website, a fact sheet to notify and inform chain restaurant and restaurant owners of the requirements of the bill; and provide an informational poster containing the information found in the fact sheet to chain restaurants and restaurants for use and display at every location in their restaurants where customers may place food or drink orders.
This bill was pre-filed for introduction in the 2026-2027 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.
