S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3375
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. ORTIZ, MOSLEY, FAHY -- Multi-Sponsored by -- M.
   of A. MAGEE -- 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-f to read as follows:
   § 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
 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.
              

                                                            LBD02085-01-7

 A. 3375                             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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.