S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4890--A
     Cal. No. 384
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced  by  Sens. RIVERA, KAVANAGH, LIU, SEPULVEDA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  --  recommitted  to the Committee on Health in accordance with
   Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to  amend the public health law, in relation to requiring chain
   restaurants to label menu items that have a high content of sodium
 
   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
 1357 to read as follows:
   § 1357. CHAIN RESTAURANTS; SODIUM CONTENT OF MENU  ITEMS.  1.    DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A.  "CHAIN MENU DEVELOPER" MEANS THE PERSON THAT OWNS AND LICENSES THE
 BRAND  NAME  UNDER  WHICH A CHAIN RESTAURANT DOES BUSINESS, OR ANY OTHER
 PERSON RESPONSIBLE FOR DETERMINING  THE  FORMULA  OR  RECIPE  FOR  ITEMS
 DISPLAYED ON THE MENU OF A CHAIN RESTAURANT.
   B.  "CHAIN  RESTAURANT" MEANS A FOOD SERVICE ESTABLISHMENT, AS DEFINED
 IN PART FOURTEEN OF THE NEW YORK SANITARY CODE 10 NYCRR 14-1.20, THAT IS
 PART OF A CHAIN WITH FIFTEEN OR MORE LOCATIONS WITHIN  THE  STATE  DOING
 BUSINESS UNDER THE SAME NAME, REGARDLESS OF THE TYPE OF OWNERSHIP OF THE
 LOCATIONS, AND OFFERING FOR SALE SUBSTANTIALLY SIMILAR MENU ITEMS.
   C.  "DAILY  VALUE"  MEANS THE DAILY REFERENCE VALUE USED BY THE UNITED
 STATES FOOD AND DRUG ADMINISTRATION IN  CALCULATING  THE  PERCENT  DAILY
 VALUE FOR NUTRITION INFORMATION PROVIDED ON FOOD LABELS.
   D.  "MENU  OR  MENU BOARD" MEANS THE PRIMARY WRITING OF A FOOD SERVICE
 ESTABLISHMENT FROM WHICH A CUSTOMER MAKES AN ORDER SELECTION, INCLUDING,
 BUT NOT LIMITED TO, BREAKFAST, LUNCH, AND DINNER MENUS;  DESSERT  MENUS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05818-03-4
 S. 4890--A                          2
 
 BEVERAGE  MENUS;  CHILDREN'S  MENUS;  OTHER  SPECIALTY MENUS; ELECTRONIC
 MENUS; AND MENUS ON THE INTERNET.
   E.  "STANDARD  MENU ITEM" MEANS A FOOD OR BEVERAGE ITEM THAT IS LISTED
 ON A MENU OR MENU BOARD, EXCLUDING TEMPORARY MENU ITEMS APPEARING ON THE
 MENU FOR LESS THAN SIXTY DAYS PER CALENDAR YEAR.
   2. INDUSTRY GUIDANCE. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE  DATE
 OF  THIS  SECTION,  THE DEPARTMENT SHALL PUBLISH GUIDANCE EXPLAINING THE
 REQUIREMENTS OF THIS SECTION AND HOW BUSINESSES CAN COMPLY.
   3.  SODIUM WARNING ICON. NO LATER THAN ONE YEAR  AFTER  THE  EFFECTIVE
 DATE OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP AN ICON WITH ACCOMPA-
 NYING  TEXT THAT SHALL BE DISPLAYED ADJACENT TO THE NAME OF ANY STANDARD
 MENU ITEM THAT EXCEEDS THE DAILY VALUE FOR SODIUM. BEGINNING  TWO  YEARS
 AFTER  THE EFFECTIVE DATE OF THIS SECTION ANY CHAIN RESTAURANT OPERATING
 WITHIN THE STATE AND NOT OTHERWISE EXEMPTED UNDER SUBDIVISION  SEVEN  OF
 THIS SECTION SHALL DISPLAY ON MENUS OR MENU BOARDS:
   A.    THE SODIUM WARNING ICON AND ACCOMPANYING TEXT PROMULGATED BY THE
 DEPARTMENT PURSUANT TO THIS SUBDIVISION, AT A HEIGHT NO SMALLER THAN THE
 LARGEST LETTER IN THE NAME OF THE ITEM; AND
   B. THE FOLLOWING FACTUAL STATEMENT EXPLAINING THE SODIUM WARNING ICON:
 "WARNING (INSERT ICON IMAGE AND ACCOMPANYING TEXT HERE)  INDICATES  THAT
 THE  SODIUM  (SALT)  CONTENT OF THIS ITEM IS HIGHER THAN THE TOTAL DAILY
 RECOMMENDED LIMIT (2300 MG). HIGH SODIUM INTAKE CAN INCREASE BLOOD PRES-
 SURE AND THE RISK OF HEART DISEASE AND STROKE."
   4.   CHAIN MENU DEVELOPER REPORTING  REQUIREMENT.  ONCE  EVERY  NINETY
 DAYS,  EACH  CHAIN  MENU  DEVELOPER  SHALL  REPORT TO THE DEPARTMENT THE
 AMOUNT OF SODIUM IN EACH STANDARD MENU ITEM OFFERED FOR  SALE  IN  THEIR
 CHAIN  RESTAURANT,  OR THAT NO CHANGES TO THE MENU INFORMATION HAVE BEEN
 MADE SINCE THE LAST REPORT.
   5.  REPORT REQUIRED. NO LATER THAN SIX YEARS AFTER THE EFFECTIVE  DATE
 OF  THIS SECTION, THE DEPARTMENT SHALL ISSUE A REPORT REVIEWING EVIDENCE
 OF THE IMPACT OF THIS SECTION ON MENU ITEM  REFORMULATION  AND  CONSUMER
 BEHAVIOR,  AND  RECOMMEND ADDITIONAL NUTRIENTS THAT SHOULD BE CONSIDERED
 FOR MENU WARNING ICONS.
   6. VIOLATIONS.  ANY CHAIN RESTAURANT THAT VIOLATES THE  PROVISIONS  OF
 THIS  SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO
 HUNDRED FIFTY DOLLARS PER DAY FOR EACH LOCATION NOT IN COMPLIANCE.
   7. EXEMPTIONS. THE SODIUM WARNING ICON REQUIRED PURSUANT  TO  SUBDIVI-
 SION THREE OF THIS SECTION SHALL NOT BE REQUIRED TO BE DISPLAYED NEXT TO
 A  MENU ITEM THAT IS ALREADY LABELED WITH A SODIUM ICON EQUAL OR GREATER
 IN SIZE AND SIMILAR IN GENERAL APPEARANCE, WHEN SUCH  ICON  IS  REQUIRED
 PURSUANT  TO  A  RULE, REGULATION, ORDINANCE, LOCAL LAW, ORDER OR POLICY
 ISSUED BY ANOTHER JURISDICTION HAVING THE SAME OR SUBSTANTIALLY  SIMILAR
 EFFECT  AS  DETERMINED  BY THE COMMISSIONER. FOOD SERVICE ESTABLISHMENTS
 EXEMPTED FROM THE SODIUM WARNING LABELING REQUIREMENT BY  THIS  SUBDIVI-
 SION  SHALL  BE  USED IN DETERMINING IF A PARTICULAR FOOD SERVICE ESTAB-
 LISHMENT IS A CHAIN RESTAURANT.
   § 2. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 3. This act shall take effect immediately.