NY State Senate Bill 2023-S2866

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 25, 2023	referred to health

2023-S2866 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5981
2021-2022: S2544

2023-S2866 (ACTIVE) - Summary

Sets nutrition standards for restaurant meals targeting children.

2023-S2866 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2866

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE:

To set nutrition standards for restaurant meals targeting children

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public health law by adding a new section 1352-f as
it relates to restaurant meals targeting children. This section defines
the terms "targeting children," "meal," and "restaurant". The commis-
sioner will set regulations establishing nutritional standards for
meals, food items, and beverages targeting children that can be
purchased at any restaurant. Nutritional standards shall include calo-
ries, sodium, percentage of calories from fat, sugars and caloric sweet-
eners, fruits, vegetables, and grains. Any person who violates any

provisions of this section shall be liable for a civil penalty of up to
five hundred dollars for the first violation, up to one thousand dollars
for the second, and up to two thousand five hundred dollars for any
subsequent violations.

Section 2 gives the effective date.

 
JUSTIFICATION:

Obesity in this country has grown into an alarming epidemic. According
to a 2017-2020 report issued by the U.S. Centers for Disease Control and
Prevention, at least 14.7 million children, ages 2-19 years old, were
affected by obesity. Obesity in children comes with increased health
risks, such as heart disease and type-2 diabetes, that can occur 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 2019, obesity-related medical costs were estimated to be about
$173 billion.

Studies have shown that food served in restaurants that is geared toward
children is often the culprit in this obesity epidemic and that there is
a close association between eating out, higher caloric intakes, and
higher body weights. Children often eat nearly twice as many calories,
an average of 770 calories, when they eat a meal at a restaurant than
they do when they eat at home. 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 billions of dollars 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 ingredi-
ents, and fun shapes.

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 for children, which can continue into adulthood and will
affect the health of our kids now and the health of future generations.

 
LEGISLATIVE HISTORY:

2019-2020: S5981/A7886 Ortiz

2021-2022: S2544

 
FISCAL IMPLICATIONS:

None to the state.

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

2023-S2866 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2866
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to setting  nutrition
   standards for restaurant meals targeting children
 
   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. RESTAURANT MEALS TARGETING CHILDREN.  1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
   A.  "TARGETING  CHILDREN"  SHALL MEAN AN ACTION OR ACTIONS DESIGNED TO
 MAKE A MEAL, FOOD, OR BEVERAGE 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 OR A MENU OTHERWISE DESIGNED FOR CHILDREN.  THE COMMISSIONER  SHALL
 PROMULGATE  RULES  AND  REGULATIONS  REGARDING  WHAT  ACTIONS CONSTITUTE
 TARGETING 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 TARGETING  CHILDREN  THAT
 MAY BE OFFERED FOR PURCHASE IN COMBINATION BY A RESTAURANT. A RESTAURANT
 MAY OFFER THE PURCHASE OF A MEAL, FOOD ITEM, OR BEVERAGE TARGETING CHIL-
 DREN, ONLY IF THE MEAL, FOOD ITEM, OR BEVERAGE, MEETS NUTRITIONAL STAND-
 ARDS  ESTABLISHED  BY  THE  COMMISSIONER UNDER THIS SECTION. NUTRITIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05819-01-3

 S. 2866                             2
 
 STANDARDS UNDER THIS SECTION SHALL  INCLUDE  BUT  ARE  NOT  LIMITED  TO:
 CALORIES;  SODIUM;  PERCENTAGE OF CALORIES FROM FAT (WHICH MAY DIFFEREN-
 TIATE 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 one year after it shall have become  a
 law.

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Senate Bill S2866

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2023-S2866 (ACTIVE) - Details

2023-S2866 (ACTIVE) - Summary

2023-S2866 (ACTIVE) - Sponsor Memo

2023-S2866 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2866

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

2023-S2866 (ACTIVE) - Details

2023-S2866 (ACTIVE) - Summary

2023-S2866 (ACTIVE) - Sponsor Memo

2023-S2866 (ACTIVE) - Bill Text download pdf

Comments