Bill Text: NY A06529 | 2023-2024 | General Assembly | Amended
Bill Title: Requires chain restaurants to place an icon on menus next to food items that have a high content of sodium.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2024-04-01 - print number 6529a [A06529 Detail]
Download: New_York-2023-A06529-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6529--A 2023-2024 Regular Sessions IN ASSEMBLY April 13, 2023 ___________ Introduced by M. of A. REYES, SIMON, ANDERSON -- 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 AN ACT to amend the public health law, in relation to requiring chain restaurants to label menu items that have a high content of sodium 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. Chain restaurants; sodium content of menu items. 1. Defi- 4 nitions. For purposes of this section the following terms shall have the 5 following meanings: 6 a. "Chain menu developer" means the person that owns and licenses the 7 brand name under which a chain restaurant does business, or any other 8 person responsible for determining the formula or recipe for items 9 displayed on the menu of a chain restaurant. 10 b. "Chain restaurant" means a food service establishment, as defined 11 in part fourteen of the New York sanitary code 10 NYCRR 14-1.20, that is 12 part of a chain with fifteen or more locations within the state doing 13 business under the same name, regardless of the type of ownership of the 14 locations, and offering for sale substantially similar menu items. 15 c. "Daily value" means the daily reference value used by the United 16 States Food and Drug Administration in calculating the percent daily 17 value for nutrition information provided on food labels. 18 d. "Menu or menu board" means the primary writing of a food service 19 establishment from which a customer makes an order selection, including, 20 but not limited to, breakfast, lunch, and dinner menus; dessert menus; 21 beverage menus; children's menus; other specialty menus; electronic 22 menus; and menus on the internet. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05818-04-4A. 6529--A 2 1 e. "Standard menu item" means a food or beverage item that is listed 2 on a menu or menu board, excluding temporary menu items appearing on the 3 menu for less than sixty days per calendar year. 4 2. Industry guidance. No later than one year after the effective date 5 of this section, the department shall publish guidance explaining the 6 requirements of this section and how businesses can comply. 7 3. Sodium warning icon. No later than one year after the effective 8 date of this section, the department shall develop an icon with accompa- 9 nying text that shall be displayed adjacent to the name of any standard 10 menu item that exceeds the daily value for sodium. Beginning two years 11 after the effective date of this section any chain restaurant operating 12 within the state and not otherwise exempted under subdivision seven of 13 this section shall display on menus or menu boards: 14 a. The sodium warning icon and accompanying text promulgated by the 15 department pursuant to this subdivision, at a height no smaller than the 16 largest letter in the name of the item; and 17 b. The following factual statement explaining the sodium warning icon: 18 "Warning (insert icon image and accompanying text here) indicates that 19 the sodium (salt) content of this item is higher than the total daily 20 recommended limit (2300 mg). High sodium intake can increase blood pres- 21 sure and the risk of heart disease and stroke." 22 4. Chain menu developer reporting requirement. Once every ninety 23 days, each chain menu developer shall report to the department the 24 amount of sodium in each standard menu item offered for sale in their 25 chain restaurant, or that no changes to the menu information have been 26 made since the last report. 27 5. Report required. No later than six years after the effective date 28 of this section, the department shall issue a report reviewing evidence 29 of the impact of this section on menu item reformulation and consumer 30 behavior, and recommend additional nutrients that should be considered 31 for menu warning icons. 32 6. Violations. Any chain restaurant that violates the provisions of 33 this section shall be subject to a civil penalty of not more than two 34 hundred fifty dollars per day for each location not in compliance. 35 7. Exemptions. The sodium warning icon required pursuant to subdivi- 36 sion three of this section shall not be required to be displayed next to 37 a menu item that is already labeled with a sodium icon equal or greater 38 in size and similar in general appearance, when such icon is required 39 pursuant to a rule, regulation, ordinance, local law, order or policy 40 issued by another jurisdiction having the same or substantially similar 41 effect as determined by the commissioner. Food service establishments 42 exempted from the sodium warning labeling requirement by this subdivi- 43 sion shall be used in determining if a particular food service estab- 44 lishment is a chain restaurant. 45 § 2. Severability. If any provision of this act, or any application of 46 any provision of this act, is held to be invalid, or to violate or be 47 inconsistent with any federal law or regulation, that shall not affect 48 the validity or effectiveness of any other provision of this act, or of 49 any other application of any provision of this act, which can be given 50 effect without that provision or application; and to that end, the 51 provisions and applications of this act are severable. 52 § 3. This act shall take effect immediately.
