Bill Text: NY S06408 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires chain restaurants to display an added sugars warning next to or directly under the name of each food item with high added sugars content wherever such food item is listed on a menu, menu board, or food tag, and by any self-serve dispensing point at which such food item is dispensed.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S06408 Detail]

Download: New_York-2023-S06408-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6408--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 18, 2023
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  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  added
          sugars

          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.  Added sugar safety warnings for chain restaurants. 1.  Defi-
     4  nitions. For purposes of this section the following terms shall have the
     5  following meanings:
     6    a. "Chain menu developer" means a person that owns  and  licenses  the
     7  brand  name  under which the covered establishment does business, or any
     8  other person responsible for determining the formula or recipe for items
     9  displayed on the menu of a covered establishment.
    10    b. "Covered establishment" means  a  food  service  establishment,  as
    11  defined in part fourteen of the New York sanitary code 10 NYCRR 14-1.20,
    12  that  is part of a chain with fifteen or more locations within the state
    13  doing business under the same name, regardless of the type of  ownership
    14  of  the  locations,  and  offering  for  sale substantially similar food
    15  items.
    16    c. "Food tag" means a written or printed description of food or bever-
    17  ages and their price, placed in the vicinity of a sample  or  self-serve
    18  item, including free-standing tags and tags attached to the shelf.
    19    d.  "Discrete serving" means the separated or easily separable uniform
    20  portion or portions of a food item comprising a reasonable  estimate  of
    21  one  person's  share  of the food item.  Food items without separated or
    22  easily separable uniform portions do not contain discrete servings.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10483-03-3
        S. 6408--A                          2

     1    e. "High added sugars content" means the  item  contains  one  hundred
     2  percent  or  more of the daily value for added sugars, as established by
     3  the federal Food and Drug Administration.
     4    f.  "Menu"  means  the primary writing of a covered establishment from
     5  which a customer makes an order selection, including but not limited to,
     6  breakfast, lunch, and dinner menus; dessert menus; beverage menus; chil-
     7  dren's menus; other specialty menus; electronic menus; and menus on  the
     8  internet.
     9    g.  "Menu board" means a menu posted inside a covered establishment as
    10  well as a menu posted  outside  a  covered  establishment,  including  a
    11  drive-through menu.
    12    h.  "Food  item"  means  a food or beverage item offered for sale by a
    13  covered establishment that is listed on a menu, menu board, or food tag,
    14  including a variable food or  beverage  item  that  comes  in  different
    15  flavors, varieties, or combinations and is listed as a single item. Food
    16  item  excludes  temporary  food  or  beverage items listed for less than
    17  sixty days per calendar year.
    18    i. "Point of purchase" means a place where a customer may  order  food
    19  within a covered establishment.
    20    j.  "Self-serve dispensing point" means a location at which a customer
    21  may access food or beverages without the assistance of a  staff  member,
    22  including self-serve fountain beverage machines.
    23    2.  Added  sugars warning. a. A covered establishment shall display an
    24  added sugars warning next to or directly under the  name  of  each  food
    25  item with high added sugars content wherever such food item is listed on
    26  a  menu, menu board, or food tag, and by any self-serve dispensing point
    27  at which such food item is dispensed. This requirement  applies  to  any
    28  menu item that comes in different flavors, varieties, or combinations if
    29  any flavor, variety, or combination has high added sugars content.
    30    b.  A  food  item  that  consists  of  more  than one discrete serving
    31  requires an added sugars warning only if each  discrete  serving  has  a
    32  high added sugars content.
    33    c.    No later than one year after the department issues the rules and
    34  regulations required pursuant to paragraph  d  of  this  subdivision,  a
    35  covered  establishment is required to display at least one clearly visi-
    36  ble warning on a menu, menu board, food tag, or by a self-serve dispens-
    37  ing point pursuant to paragraph a of this subdivision, and shall make  a
    38  factual  warning  statement  about high added sugars intake prominently,
    39  clearly, and conspicuously visible at the point of purchase.
    40    d. No later than one year after the effective date  of  this  section,
    41  the  department  shall  promulgate  rules  and regulations designating a
    42  warning and factual warning statement.
    43    3. Reporting requirement. Once every ninety  days,  every  chain  menu
    44  developer  shall  report to the department the amount of added sugars in
    45  each food item offered for sale in a covered  establishment,  or  report
    46  that  no  changes  to the menu information have been made since the last
    47  report.
    48    4. Report. No later than six years after the effective  date  of  this
    49  section,  the  department shall issue a report reviewing evidence of the
    50  impact of this section on food item reformulation and consumer  behavior
    51  and  recommend  additional  nutrients that should be considered for menu
    52  warnings.
    53    5. Violations. Any chain restaurant that violates  the  provisions  of
    54  this  section  shall  be subject to a civil penalty of not more than two
    55  hundred fifty dollars per day for each location not in compliance.
        S. 6408--A                          3

     1    § 2. Severability. If any provision of this act, or any application of
     2  any provision of this act, is held to be invalid, or to  violate  or  be
     3  inconsistent  with  any federal law or regulation, that shall not affect
     4  the validity or effectiveness of any other provision of this act, or  of
     5  any  other  application of any provision of this act, which can be given
     6  effect without that provision or  application;  and  to  that  end,  the
     7  provisions and applications of this act are severable.
     8    §  3. This act shall take effect one year after it shall have become a
     9  law. Effective immediately, the addition, amendment and/or repeal of any
    10  rule or regulation necessary for the implementation of this act  on  its
    11  effective date are authorized to be made and completed on or before such
    12  effective date.