BILL NUMBER:S937

TITLE OF BILL:
An act
to amend the public health law, in relation to setting nutrition
standards for restaurants distributing incentive items aimed at children

PURPOSE:
This legislation will set standards by which fast food
restaurants must adhere to with regard to the distribution of
incentives with the purchase of children's meals. Meals will be
required to fall within certain nutritional guidelines which will
limit the amount of fat, sugar, calories and sodium per meal. If a
meal that is geared for children falls outside of these guidelines,
the restaurant will be forced to remove the incentive item.

SUMMARY OF PROVISIONS:
The public health law is amended by adding a new section 1352-d which
defines the terms:

-incentive item - any toy, mane, trading card, admission ticket or
other consumer product, whether physical or digital, with particular
appeal to children, which is provided directly by the restaurant

-meal - any combination of food and drink items offered together for a
single price
              

- restaurant - any coffee shop, cafeteria, luncheonette, sandwich
stand, diner, short order cafe, fast food establishment, soda
fountain, and any other eating or beverage establishment, which
gives or offers for sale food or beverages to the public

This section (1352-d) goes on to state that the commissioner shall
make regulations establishing nutrition standards for meals, food
items, and beverages offered for purchase in combination with an
incentive item by a restaurant.

Penalties for violation of the provisions will result in:

1st violation - up to $500 fine

2nd Violation - up to $1,000 fine

3rd Violation - up to $2,500 fine

JUSTIFICATION:
Obesity in this country has grown into an
alarming epidemic. Seventy-three million Americans are obese
according to a 2010
report issued by the Center for Disease Control, which is a large
increase from the 2.4 million obese Americans in 2007. Furthermore,
at least 17 of American Children (ages 2-19 years) are how considered
overweight or obese.

Obesity in our children comes with increased health risks, both now
and in the future during adulthood. Children who are overweight or
obese also have an increased risk for being overweight or obese when


they are older. The cost of obesity is also extremely serious.
Nationally, the annual cost of providing inpatient treatment to
children diagnosed with obesity increased from $125.9 million in 2001
to $217.6 million in 2005.

The food that is served in restaurants that is geared toward our
children is often the culprit in this obesity epidemic. Studies have
shown a positive association between eating out, higher caloric
intakes, and higher body weights. Children often eat nearly twice as
many calories (an average of 770) when they eat a meal at a
restaurant than they do when they eat at home (an average of 420).
What is also alarming is the fact that the meals served in
restaurants often fail to meet the recommended healthy nutritional
standards set for our children by the U.S. Department of Health and
Human Services.

Restaurants are encouraging our children to make these unhealthy
choices by linking them, with a free toy or other incentive item. An
estimated $60 million was spent in 2006 by ten major restaurant
chains on incentive items to distribute with their children's
meals. This legislation does not seek to ban these toys and
incentives, but rather use them to reward healthier purchases.
Linking toys with healthier options will reward our children for
making better nutritional choices.

This legislation will improve the health of the children of New York
State by setting healthy nutritional guidelines for children's meals
that are served in restaurants and accompanied by toys or other
incentive items. These standards will support families seeking
healthy eating choices for their children. Children will be
encouraged to make healthier choices when eating out.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it
shall become law.