BILL NUMBER: S486             REVISED MEMO 02/06/2019

SPONSOR: RIVERA
 
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 chil-
dren falls outside of these guidelines, the restaurant will be forced to
remove the incentive item.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Public Health Law by adding section 13524 which
defines the terms:
              

- incentive item: 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 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.

Section 1 also gives the commissioner the authority to establish nutri-
tional standards for meals, food items, and beverages offered for
purchase in combination with an incentive item by a restaurant.  Penal-
ties for violation of the provisions 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. According
to a 2010 report, issued by the Center for Disease Control, 73 million
Americans are obese - a large increase from the 2.4 million obese in
2007. Furthermore, about 13.7 million children (aged 2-19 years old) are
considered obese. Obesity in children comes with increased health risks
such as high blood pressure, high cholesterol, heightened likelihood for
cardiovascular disease, type 2 diabetes, among other risk factors.
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 children is
often the culprit in this obesity epidemic. Studies have shown a posi-
tive association between eating out, higher caloric intakes, and higher
body weights. Children often eat nearly twice as many calories (an aver-
age of 770) when they eat a meal at a restaurant than they do when they
eat at home (an average of 420). Also alarming is that meals served in
restaurants often fail to meet the recommended healthy nutritional stan-
dards set for children by the U.S. Department of Health and Human
Services.

Restaurants are encouraging children to make these unhealthy choices by
linking them, with a free toy or other incentive item. 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 incen-
tive items. These standards will support families seeking healthy eating
choices for their children. Children will be encouraged to make healthi-
er choices when eating out.

 
LEGISLATIVE HISTORY:

2013-2014: S 937/ A5886 Ortiz
2015-2016: S 779-A/A6145-A Ortiz, Died in Codes
2017-2018: S1074/ A3375 Ortiz, Died in Rules

 
FISCAL IMPLICATIONS:

None to the State.

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