Requires restaurants and food service establishments to post caloric value of food items

Summary of specific provisions

Would add a new section 1352-e authorizing the Commissioner of Health to develop regulations requiring restaurants and food service establishments to prominently post calorie information for menu items as usually prepared and offered for sale on standard printed menus, menu boards or food items offered for sale that are identified by tags or labels.

* Chain restaurants and food establishments will post the number of calories per menu item adjacent to such menu items on menu boards, menus and on food item tags. Such information shall be listed clearly and conspicuously, adjacent to or in close proximity to the applicable menu or food item so that it is clearly associated with such item, and in a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the menu item. The range of calorie content values showing the minimum to maximum numbers of all calories for all flavors or varieties or combinations of food items shall be posted. Combinations having only one value shall list that total.

* This section shall not apply to menu items listed for less than thirty days in one calendar year.

* Nothing shall prohibit providing additional nutrition information or providing a disclaimer about minor variations in calorie levels because of ingredients, serving sizes and customer preferences.

* The Commissioner shall develop regulations for the posting of calorie content information per serving for menu items that are clearly not intended for serving more than one individual and for alcoholic beverages.

* Calorie values at drive-through windows shall be displayed on either the drive-through menu board, or on an adjacent stanchion visible at, or prior to the point of ordering, so long as the calorie content

values are as clearly and conspicuously posted on the stanchion adjacent to their menu item names, the same as the drive-through menu board.

* The Commissioner shall develop regulations to provide a temporary waiver of the provisions of this section for posting calorie content values on a menu board or stanchion for a chain restaurant or food service establishment that is in the process of seeking approval from a city, town or village for construction of such stanchions.

A chain restaurant or food service establishment shall mean an establishment engaged in the preparation, serving and sale of food or beverages or meals with standardized preparations, portion sizes and content intended for individual portion service. The establishment would be one of at least fifteen such restaurants or establishments doing business nationally and operating under common ownership or control, or as franchises or under the same trade name and offering predominately the same menu items on the same menus, menu boards or food item tags. This shall not apply to food establishments that are licensed under Article 20-C of the Ag & Mkts. law except for sections that have been determined by the Commission to be chain restaurants or food service establishments as defined in this section.

Violations would occur because of failure to post calorie values, failure to obtain calorie analyses or documentation, or knowingly or recklessly listing wrong calorie information. Health inspectors are not required to verify accuracy, but the Commissioner can ask for documentation of accuracy. The Commissioners shall establish regulations for calorie analysis using databases, lab testing or other acceptable methods, and for recordkeeping. Violations of this section shall be limited to the penalty set forth in section twelve of this chapter.

The provisions of this section shall preempt the authority of any county, city, town or village to adopt and enforce additional local laws, ordinances or regulations that are more stringent than the standards set forth in this section and the rules and regulations promulgated pursuant thereto, and that require nutrition information posting on menus, menu boards or food item tags.

Effects of present law which this bill would alter

Adds a new Section 1352-e to the Public Health Law.

Justification

Obesity rates in adults doubled over the last twenty years. The percentage of seriously overweight children tripled, in the past two decades. The NYC Health Department found that nearly half of elementary-aged children are overweight. Centers for Disease Control (CDC) research estimates that one in three U.S. children born in 2000 will become diabetic in their lifetime because of obesity. CDC found that $75 billion is spent nationally each year on obesity

related medical costs, half of it public dollars through Medicaid and Medicare. It was estimated that $3.5 billion of New York's Medicaid spending is due to obesity.

While obesity has been rising Americans are increasingly eating meals away from home and food businesses spend hundreds of millions of dollars encouraging children and their families to do it even more. In 1970, Americans spent just 26% of their food dollars on foods prepared outside their homes but today spend almost half of food dollars eating out. The average American consumes about one-third of their calories from foods. from restaurants and other food-service establishments. Portion sizes have been increasing and studies show that people tend to eat greater quantities of food when they are served more. It is not uncommon for a restaurant entree to provide half of a day's recommended calories. Children eat almost twice as many calories when they eat out compared to home.

Since 1994, consumers get nutrition labeling on packaged foods. However, they are now getting more of their food from restaurants and other food service establishments and they cannot tell that a sweetened coffee drink at one chain may have as many calories as a cheeseburger with fries at another. Food industry critics of government efforts to fight the obesity problem claim that it is up to parents to choose healthier foods to eat. Restaurant calorie information could empower parents, and children, to do a better job. Studies have found that 90% of consumers underestimate the calorie level of menu items and when calorie information is present consumers choose lower calorie items one third more often. Over 80% of NYS residents say they would support a bill similar to what was passed in New York City to require those chains and fast food establishments to show the calorie for their offerings.

This proposal would not place an undue burden on business. It only applies to menu items that are offered in standardized sizes and content. One day specials or special orders by customers would not have to be analyzed and posted. This proposal does not mandate what restaurants offer or how they cook it.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect one year after becoming law.