Bill Text: NY S00486 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Sets nutrition standards for restaurants distributing incentive items aimed at children.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S00486 Detail]

Download: New_York-2019-S00486-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           486
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sens. RIVERA, KENNEDY -- 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 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-f to read as follows:
     3    § 1352-f. 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05464-01-9
        S. 486                              2
     1  of a meal, food item, or beverage, only  if  the  meal,  food  item,  or
     2  beverage,  meets  nutritional  standards established by the commissioner
     3  under this section.  Nutritional  standards  under  this  section  shall
     4  include  but  are not limited to:  calories; sodium; percentage of calo-
     5  ries from fat (which may differentiate among kinds or sources  of  fat);
     6  sugars and caloric sweeteners; and fruits, vegetables, and grains.
     7    3. Any person who violates any of the provisions of this section shall
     8  be  liable for a civil penalty of up to five hundred dollars for a first
     9  violation thereof; up to one thousand dollars  for  a  second  violation
    10  thereof;  and  up  to  two  thousand five hundred dollars for a third or
    11  subsequent violation thereof.
    12    § 2. This act shall take effect on the one hundred twentieth day after
    13  it shall have become a law.