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

                                 6145--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced by M. of A. ORTIZ, MARKEY, MOSLEY, FAHY -- Multi-Sponsored by
  --  M.  of  A.    MAGEE  -- 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 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-f to read as follows:
  S 1352-F. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04332-03-6
              

A. 6145--A                          2

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
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.