BILL NUMBER: S2544

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to setting nutrition
standards for restaurant meals targeting children

 
SUMMARY OF PROVISIONS:

The public health law is amended by adding a new section 1352-f which
defines the terms:

-Targeting Children - an action or action designed to make a meal, food,
or beverages offered for purchase by a restaurant appeal to children.
Such actions shall include, but are not limited to, the presence of a
meal, food or beverage on a menu designated as a kids' menu. The commis-
sioner shall also promulgate rules and regulations regarding what
actions constitute targeting children.

-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 goes on to state that the commissioner shall make regu-
lations establishing nutrition standards for meals, food items, and
beverages targeting children.

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

Section 2 states the effective date.

 
JUSTIFICATION:

Obesity in this country has grown into an alarming epidemic. According
to a 2015-16 report issued by the Center for Disease Control, about 93.3
million U.S. adults were affected by obesity, while at least 13.7
million children (ages 2-19 years) were also impacted by it. Obesity in
children comes with increased health risks such as heart disease and
type-2 diabetes, in childhood and through adulthood. Children who are
overweight or obese also have an increased risk for being overweight or
obese when they are older. In the United States, it is estimated that
obesity cost $14 Billion in direct health expenses while 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 associ-
ation 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).  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.

Food and beverage companies in the U.S. spend more than $1.6 billion
each year to attract children's attention. Various restaurants and fast
food establishments attract young consumers to eat their unhealthy meal
options by designing the food with familiar TV and movie characters,
colorfully- dyed ingredients, and shapes. This legislation encourages
that if food is to be targeted towards children, it must meet state
nutritional guidelines.

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. This legislation seeks to encourage good
eating habits that children may acquire which can continue into adult-
hood and will affect the health of our kids now and the health of the
generation in the future.

 
FISCAL IMPLICATIONS:

None to the State.

 
LEGISLATIVE HISTORY:

2019-2020: S5981/A7886 Ortiz

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.