S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6408
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 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  requiring  chain
   restaurants  to  label  menu  items  that have a high content of added
   sugars

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings. The legislature hereby finds added
 sugars include sugars that are added to foods and beverages during proc-
 essing. They include foods packaged as sweeteners, syrups and honey, and
 sugars from concentrated fruit or vegetable juices. They do not  include
 naturally  occurring  sugars that are found in milk, fruits, and vegeta-
 bles. The daily value for added sugars established by the  federal  Food
 and  Drug  Administration  is  50 grams per day based on a 2,000-calorie
 daily diet, equivalent to approximately  12  teaspoons.  Healthy  eating
 patterns  that  are relatively lower in added sugars, less than 50 grams
 per day, are associated with a reduced risk of  cardiovascular  disease,
 type  2  diabetes, and certain types of cancers. Unfortunately, American
 adults consume an average of 17 teaspoons of added sugars per day, about
 40 percent more than currently recommended by the Dietary Guidelines for
 Americans.
   The leading source of added sugars in the  American  diet,  accounting
 for  24  percent  of our intake, is sugar-sweetened beverages-like soda,
 fruit drinks, sports drinks, energy drinks, flavored milk, and sweetened
 coffee. These are followed closely by desserts and sweet  snacks,  which
 account  for  19  percent  of  our  added  sugars  intake. Sugary drinks
 contribute to an increased risk of type 2 diabetes and heart disease, in
 part by leading to weight gain, and are  linked  to  a  higher  risk  of
 dental  cavities. Regularly consuming sugary drinks, seven or more serv-
 ings per week, is associated with a statistically significant 29 percent
 increase in risk of  dying  from  cardiovascular  disease,  compared  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10483-02-3
              

 S. 6408                             2
 
 consuming one serving per week or less. Consuming one or more 12-oz cans
 of  soda  per  day  significantly increases the risk of dying from heart
 disease.
   Healthy  eating  patterns  that are low in added sugars are associated
 with a reduced risk of cardiovascular  disease,  type  2  diabetes,  and
 certain  types of cancers. Warning icons are an effective tool to reduce
 added sugars consumption. Research from randomized controlled trials has
 shown that warnings on sugary drinks  can  significantly  reduce  sugary
 drink  purchases.  Sugary drink consumption dropped by nearly 25 percent
 in the 18 months after the country of  Chile  adopted  "high  in  sugar"
 nutrient  warnings  on  food  and  drink  packaging nationwide. This act
 implements added sugar warnings on menu items at chain restaurants.
   § 2. The public health law is amended by adding a new section 1357  to
 read as follows:
   §  1357.  ADDED SUGAR SAFETY WARNINGS FOR CHAIN RESTAURANTS. 1.  DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A. "CHAIN MENU DEVELOPER" MEANS A PERSON THAT OWNS  AND  LICENSES  THE
 BRAND  NAME  UNDER WHICH THE COVERED ESTABLISHMENT DOES BUSINESS, OR ANY
 OTHER PERSON RESPONSIBLE FOR DETERMINING THE FORMULA OR RECIPE FOR ITEMS
 DISPLAYED ON THE MENU OF A COVERED ESTABLISHMENT.
   B. "COVERED ESTABLISHMENT" MEANS A RETAIL  ESTABLISHMENT  THAT  OFFERS
 FOOD FOR SALE THAT IS NOT USUALLY EATEN ON THE PREMISES, OR A RESTAURANT
 THAT  IS  PART OF A CHAIN WITH FIFTEEN OR MORE LOCATIONS NATIONALLY THAT
 ARE DOING BUSINESS UNDER THE SAME NAME, REGARDLESS OF THE TYPE OF OWNER-
 SHIP OF THE LOCATIONS, AND OFFERING FOR SALE SUBSTANTIALLY SIMILAR  FOOD
 ITEMS.
   C. "FOOD TAG" MEANS A WRITTEN OR PRINTED DESCRIPTION OF FOOD OR BEVER-
 AGES  AND  THEIR PRICE, PLACED IN THE VICINITY OF A SAMPLE OR SELF-SERVE
 ITEM, INCLUDING FREE-STANDING TAGS AND TAGS ATTACHED TO THE SHELF.
   D. "DISCRETE SERVING" MEANS THE SEPARATED OR EASILY SEPARABLE  UNIFORM
 PORTION  OR  PORTIONS OF A FOOD ITEM COMPRISING A REASONABLE ESTIMATE OF
 ONE PERSON'S SHARE OF THE FOOD ITEM. FOR EXAMPLE,  A  PIZZA  WITH  EIGHT
 SLICES  THAT  IS  REASONABLY  ESTIMATED TO SERVE TWO PEOPLE CONTAINS TWO
 DISCRETE SERVINGS. FOOD ITEMS  WITHOUT  SEPARATED  OR  EASILY  SEPARABLE
 UNIFORM PORTIONS DO NOT CONTAIN DISCRETE SERVINGS.
   E.  "HIGH  ADDED  SUGARS  CONTENT" MEANS THE ITEM CONTAINS ONE HUNDRED
 PERCENT OR MORE OF THE DAILY VALUE FOR ADDED SUGARS, AS  ESTABLISHED  BY
 THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   F.  "MENU"  MEANS  THE PRIMARY WRITING OF A COVERED ESTABLISHMENT FROM
 WHICH A CUSTOMER MAKES AN ORDER SELECTION, INCLUDING BUT NOT LIMITED TO,
 BREAKFAST, LUNCH, AND DINNER MENUS; DESSERT MENUS; BEVERAGE MENUS; CHIL-
 DREN'S MENUS; OTHER SPECIALTY MENUS; ELECTRONIC MENUS; AND MENUS ON  THE
 INTERNET.
   G.  "MENU BOARD" MEANS A MENU POSTED INSIDE A COVERED ESTABLISHMENT AS
 WELL AS A MENU POSTED  OUTSIDE  A  COVERED  ESTABLISHMENT,  INCLUDING  A
 DRIVE-THROUGH MENU.
   H.  "FOOD  ITEM"  MEANS  A FOOD OR BEVERAGE ITEM OFFERED FOR SALE BY A
 COVERED ESTABLISHMENT THAT IS LISTED ON A MENU, MENU BOARD, OR FOOD TAG,
 INCLUDING A VARIABLE FOOD OR  BEVERAGE  ITEM  THAT  COMES  IN  DIFFERENT
 FLAVORS, VARIETIES, OR COMBINATIONS AND IS LISTED AS A SINGLE ITEM. FOOD
 ITEM  EXCLUDES  TEMPORARY  FOOD  OR  BEVERAGE ITEMS LISTED FOR LESS THAN
 SIXTY DAYS PER CALENDAR YEAR.
   I. "POINT OF PURCHASE" MEANS A PLACE WHERE A CUSTOMER MAY  ORDER  FOOD
 WITHIN A COVERED ESTABLISHMENT.
 S. 6408                             3
 
   J.  "SELF-SERVE DISPENSING POINT" MEANS A LOCATION AT WHICH A CUSTOMER
 MAY ACCESS FOOD OR BEVERAGES WITHOUT THE ASSISTANCE OF A  STAFF  MEMBER,
 INCLUDING SELF-SERVE FOUNTAIN BEVERAGE MACHINES.
   2.  ADDED  SUGARS WARNING. A. A COVERED ESTABLISHMENT SHALL DISPLAY AN
 ADDED SUGARS WARNING NEXT TO OR DIRECTLY UNDER THE  NAME  OF  EACH  FOOD
 ITEM WITH HIGH ADDED SUGARS CONTENT WHEREVER SUCH FOOD ITEM IS LISTED ON
 A  MENU, MENU BOARD, OR FOOD TAG, AND BY ANY SELF-SERVE DISPENSING POINT
 AT WHICH SUCH FOOD ITEM IS DISPENSED. THIS REQUIREMENT  APPLIES  TO  ANY
 FOOD  ITEM FOR WHICH CERTAIN VARIATIONS OR COMBINATIONS DO NOT HAVE HIGH
 ADDED SUGARS CONTENT, IF ANY VARIATION OR  COMBINATION  DESCRIBED  UNDER
 THE SAME LISTING DOES HAVE HIGH ADDED SUGARS CONTENT.
   B.  A  FOOD  ITEM  THAT  CONSISTS  OF  MORE  THAN ONE DISCRETE SERVING
 REQUIRES AN ADDED SUGARS WARNING ONLY IF EACH  DISCRETE  SERVING  HAS  A
 HIGH ADDED SUGARS CONTENT.
   C.    NO LATER THAN ONE YEAR AFTER THE DEPARTMENT ISSUES THE RULES AND
 REGULATIONS REQUIRED PURSUANT TO PARAGRAPH  D  OF  THIS  SUBDIVISION,  A
 COVERED  ESTABLISHMENT IS REQUIRED TO DISPLAY AT LEAST ONE CLEARLY VISI-
 BLE WARNING ON A MENU, MENU BOARD, FOOD TAG, OR BY A SELF-SERVE DISPENS-
 ING POINT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, AND SHALL MAKE  A
 FACTUAL  WARNING  STATEMENT  ABOUT HIGH ADDED SUGARS INTAKE PROMINENTLY,
 CLEARLY, AND CONSPICUOUSLY VISIBLE AT THE POINT OF PURCHASE.
   D. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE  DEPARTMENT  SHALL  PROMULGATE  RULES  AND REGULATIONS DESIGNATING A
 WARNING AND FACTUAL WARNING STATEMENT.
   3. REPORTING REQUIREMENT. ONCE EVERY NINETY  DAYS,  EVERY  CHAIN  MENU
 DEVELOPER  SHALL  REPORT TO THE DEPARTMENT THE AMOUNT OF ADDED SUGARS IN
 EACH FOOD ITEM OFFERED FOR SALE IN A COVERED  ESTABLISHMENT,  OR  REPORT
 THAT  NO  CHANGES  TO THE MENU INFORMATION HAVE BEEN MADE SINCE THE LAST
 REPORT.
   4. REPORT. 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 FOOD ITEM REFORMULATION AND CONSUMER  BEHAVIOR
 AND  RECOMMEND  ADDITIONAL  NUTRIENTS THAT SHOULD BE CONSIDERED FOR MENU
 WARNINGS.
   5. VIOLATIONS. ANY CHAIN RESTAURANT THAT VIOLATES  THE  PROVISIONS  OF
 THIS  SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN ONE
 HUNDRED DOLLARS FOR A FIRST OFFENSE AND TWO HUNDRED  FIFTY  DOLLARS  FOR
 EACH SUBSEQUENT OFFENSE.
   § 3. 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.
   § 4. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6408--B
     Cal. No. 385
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced by Sens. RIVERA, BROUK, KAVANAGH, SEPULVEDA -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Health -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  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  added
   sugars
 
   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.  ADDED SUGAR SAFETY WARNINGS FOR CHAIN RESTAURANTS. 1.  DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A. "CHAIN MENU DEVELOPER" MEANS A PERSON THAT OWNS  AND  LICENSES  THE
 BRAND  NAME  UNDER WHICH THE COVERED ESTABLISHMENT DOES BUSINESS, OR ANY
 OTHER PERSON RESPONSIBLE FOR DETERMINING THE FORMULA OR RECIPE FOR ITEMS
 DISPLAYED ON THE MENU OF A COVERED ESTABLISHMENT.
   B. "COVERED ESTABLISHMENT" 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 FOOD
 ITEMS.
   C. "FOOD TAG" MEANS A WRITTEN OR PRINTED DESCRIPTION OF FOOD OR BEVER-
 AGES AND THEIR PRICE, PLACED IN THE VICINITY OF A SAMPLE  OR  SELF-SERVE
 ITEM, INCLUDING FREE-STANDING TAGS AND TAGS ATTACHED TO THE SHELF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10483-05-4
 S. 6408--B                          2
 
   D.  "DISCRETE SERVING" MEANS THE SEPARATED OR EASILY SEPARABLE UNIFORM
 PORTION OR PORTIONS OF A FOOD ITEM COMPRISING A REASONABLE  ESTIMATE  OF
 ONE  PERSON'S  SHARE  OF THE FOOD ITEM.  FOOD ITEMS WITHOUT SEPARATED OR
 EASILY SEPARABLE UNIFORM PORTIONS DO NOT CONTAIN DISCRETE SERVINGS.
   E.  "HIGH  ADDED  SUGARS  CONTENT" MEANS THE ITEM CONTAINS ONE HUNDRED
 PERCENT OR MORE OF THE DAILY VALUE FOR ADDED SUGARS, AS  ESTABLISHED  BY
 THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   F.  "MENU"  MEANS  THE PRIMARY WRITING OF A COVERED ESTABLISHMENT FROM
 WHICH A CUSTOMER MAKES AN ORDER SELECTION, INCLUDING BUT NOT LIMITED TO,
 BREAKFAST, LUNCH, AND DINNER MENUS; DESSERT MENUS; BEVERAGE MENUS; CHIL-
 DREN'S MENUS; OTHER SPECIALTY MENUS; ELECTRONIC MENUS; AND MENUS ON  THE
 INTERNET.
   G.  "MENU BOARD" MEANS A MENU POSTED INSIDE A COVERED ESTABLISHMENT AS
 WELL AS A MENU POSTED  OUTSIDE  A  COVERED  ESTABLISHMENT,  INCLUDING  A
 DRIVE-THROUGH MENU.
   H.  "FOOD  ITEM"  MEANS  A FOOD OR BEVERAGE ITEM OFFERED FOR SALE BY A
 COVERED ESTABLISHMENT THAT IS LISTED ON A MENU, MENU BOARD, OR FOOD TAG,
 INCLUDING A VARIABLE FOOD OR  BEVERAGE  ITEM  THAT  COMES  IN  DIFFERENT
 FLAVORS, VARIETIES, OR COMBINATIONS AND IS LISTED AS A SINGLE ITEM. FOOD
 ITEM  EXCLUDES  TEMPORARY  FOOD  OR  BEVERAGE ITEMS LISTED FOR LESS THAN
 SIXTY DAYS PER CALENDAR YEAR.
   I. "POINT OF PURCHASE" MEANS A PLACE WHERE A CUSTOMER MAY  ORDER  FOOD
 WITHIN A COVERED ESTABLISHMENT.
   J.  "SELF-SERVE DISPENSING POINT" MEANS A LOCATION AT WHICH A CUSTOMER
 MAY ACCESS FOOD OR BEVERAGES WITHOUT THE ASSISTANCE OF A  STAFF  MEMBER,
 INCLUDING SELF-SERVE FOUNTAIN BEVERAGE MACHINES.
   2. ADDED SUGARS WARNING. A. A COVERED ESTABLISHMENT NOT EXEMPTED UNDER
 SUBDIVISION  SIX  OF  THIS SECTION SHALL DISPLAY AN ADDED SUGARS WARNING
 NEXT TO OR DIRECTLY UNDER THE NAME OF EACH FOOD  ITEM  WITH  HIGH  ADDED
 SUGARS  CONTENT WHEREVER SUCH FOOD ITEM IS LISTED ON A MENU, MENU BOARD,
 OR FOOD TAG, AND BY ANY SELF-SERVE DISPENSING POINT AT WHICH  SUCH  FOOD
 ITEM  IS DISPENSED. THIS REQUIREMENT APPLIES TO ANY MENU ITEM THAT COMES
 IN DIFFERENT FLAVORS, VARIETIES, OR COMBINATIONS IF ANY FLAVOR, VARIETY,
 OR COMBINATION HAS HIGH ADDED SUGARS CONTENT.
   B. A FOOD ITEM  THAT  CONSISTS  OF  MORE  THAN  ONE  DISCRETE  SERVING
 REQUIRES  AN  ADDED  SUGARS  WARNING ONLY IF EACH DISCRETE SERVING HAS A
 HIGH ADDED SUGARS CONTENT.
   C.  NO LATER THAN ONE YEAR AFTER THE DEPARTMENT ISSUES THE  RULES  AND
 REGULATIONS  REQUIRED  PURSUANT  TO  PARAGRAPH  D OF THIS SUBDIVISION, A
 COVERED ESTABLISHMENT IS REQUIRED TO DISPLAY AT LEAST ONE CLEARLY  VISI-
 BLE WARNING ON A MENU, MENU BOARD, FOOD TAG, OR BY A SELF-SERVE DISPENS-
 ING  POINT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, AND SHALL MAKE A
 FACTUAL WARNING STATEMENT ABOUT HIGH ADDED  SUGARS  INTAKE  PROMINENTLY,
 CLEARLY, AND CONSPICUOUSLY VISIBLE AT THE POINT OF PURCHASE.
   D.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE DEPARTMENT SHALL PROMULGATE  RULES  AND  REGULATIONS  DESIGNATING  A
 WARNING AND FACTUAL WARNING STATEMENT.
   3.  REPORTING  REQUIREMENT.  ONCE  EVERY NINETY DAYS, EVERY CHAIN MENU
 DEVELOPER SHALL REPORT TO THE DEPARTMENT THE AMOUNT OF ADDED  SUGARS  IN
 EACH  FOOD  ITEM  OFFERED FOR SALE IN A COVERED ESTABLISHMENT, OR REPORT
 THAT NO CHANGES TO THE MENU INFORMATION HAVE BEEN MADE  SINCE  THE  LAST
 REPORT.
   4.  REPORT.  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 FOOD ITEM REFORMULATION AND CONSUMER BEHAVIOR
 S. 6408--B                          3
 
 AND RECOMMEND ADDITIONAL NUTRIENTS THAT SHOULD BE  CONSIDERED  FOR  MENU
 WARNINGS.
   5.  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.
   6.  EXEMPTIONS. THE ADDED SUGARS WARNING REQUIRED PURSUANT TO SUBDIVI-
 SION TWO OF THIS SECTION SHALL NOT BE REQUIRED TO BE DISPLAYED NEXT TO A
 FOOD ITEM THAT IS ALREADY LABELED WITH AN ADDED SUGARS WARNING 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 ESTAB-
 LISHMENTS EXEMPTED FROM THE ADDED SUGARS WARNING LABELING REQUIREMENT BY
 THIS SUBDIVISION SHALL BE USED  IN  DETERMINING  IF  A  PARTICULAR  FOOD
 SERVICE ESTABLISHMENT 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 one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.