S T A T E   O F   N E W   Y O R K
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                                  5886

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred 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:

  Section  1.  The  public health law is amended by adding a new section
1352-d to read as follows:
  S 1352-D. INCENTIVE ITEMS WITH RESTAURANT FOOD. 1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
  A. "INCENTIVE ITEM" SHALL MEAN ANY TOY, GAME, TRADING CARD,  ADMISSION
TICKET  OR  OTHER  CONSUMER  PRODUCT,  WHETHER PHYSICAL OR DIGITAL, WITH
PARTICULAR APPEAL TO CHILDREN, WHICH IS PROVIDED DIRECTLY BY THE RESTAU-
RANT, OR ANY COUPON, VOUCHER, TICKET, TOKEN, CODE OR PASSWORD  WHICH  IS
PROVIDED  DIRECTLY  BY  THE  RESTAURANT  AND IS REDEEMABLE FOR OR GRANTS
DIGITAL OR OTHER ACCESS TO ANY TOY, GAME, TRADING CARD, ADMISSION  TICK-
ET, OR OTHER CONSUMER PRODUCT WITH PARTICULAR APPEAL TO CHILDREN.
  B.  "MEAL"  SHALL MEAN ANY COMBINATION OF FOOD AND DRINK ITEMS OFFERED
TOGETHER FOR A SINGLE PRICE.
  C. "RESTAURANT" SHALL MEAN 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,  GUESTS,  MEMBERS,  OR
PATRONS,  WHETHER  FOOD  OR BEVERAGES ARE CUSTOMARILY CONSUMED ON OR OFF
THE PREMISES.
  2. THE COMMISSIONER SHALL MAKE  REGULATIONS  ESTABLISHING  NUTRITIONAL
STANDARDS  FOR  MEALS, FOOD ITEMS, AND BEVERAGES THAT MAY BE OFFERED FOR
PURCHASE IN COMBINATION WITH AN INCENTIVE  ITEM  BY  A  RESTAURANT.    A
RESTAURANT  MAY OFFER AN INCENTIVE ITEM IN COMBINATION WITH THE PURCHASE
OF A MEAL, FOOD ITEM, OR BEVERAGE, ONLY  IF  THE  MEAL,  FOOD  ITEM,  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01335-01-3
              

A. 5886                             2

BEVERAGE,  MEETS  NUTRITIONAL  STANDARDS ESTABLISHED BY THE COMMISSIONER
UNDER THIS SECTION.  NUTRITIONAL  STANDARDS  UNDER  THIS  SECTION  SHALL
INCLUDE  BUT  ARE NOT LIMITED TO:  CALORIES; SODIUM; PERCENTAGE OF CALO-
RIES  FROM  FAT (WHICH MAY DIFFERENTIATE AMONG KINDS OR SOURCES OF FAT);
SUGARS AND CALORIC SWEETENERS; AND FRUITS, VEGETABLES, AND GRAINS.
  3. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION SHALL
BE LIABLE FOR A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS FOR A  FIRST
VIOLATION  THEREOF;  UP  TO  ONE THOUSAND DOLLARS FOR A SECOND VIOLATION
THEREOF; AND UP TO TWO THOUSAND FIVE HUNDRED  DOLLARS  FOR  A  THIRD  OR
SUBSEQUENT VIOLATION THEREOF.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.