Requires certain food establishments to provide nutritional information to its customers

Beginning in July, 2011 and ending in December 31, 2012, every food facility covered under this legislation must disclose nutritional information (number of calories. grams of carbohydrates, grams or saturated fat, milligrams of sodium) in, of any standard menu item through, at the very least, a brochure available at the point of the sale. During this time period, businesses providing sit-down service could also private such nutritional information next to each standard menu item; in an index section of the menu; or, in a menu insert. All drive-through facilities would be required to have a sign informing customers that nutritional information is available upon request.

Under the definitions of this bill, standard menu items would not include alcoholic beverages, packaged food already containing nutritional information, meals assembled at self-service salad bars and buffets.

After January 1, 2013, such food facilities would be required to provide calorie content information for a standard menu item next to each item on the menu in a clear manner. A restaurant would be free to provide this level of disclosure prior to 2012. Drive through restaurants would be required to maintain a sign informing customers that nutritional information is available upon request.

After January 1, 2013, menu items that are a combination of at least two standard menu items shall include, based on all possible combinations for the item, both the minimum and maximum caloric count information.

Entrees that intend to serve more than one person shall include the number of individuals intended to be served by the item and also, the number of calories per serving.

This legislation states that the nutritional information that is required to be disclosed shall be determined on a reasonable basis.

Further, menus may contain a disclaimer that indicates there may be variations on nutritional content across servings. A restaurant covered under this act is not precluded from providing additional information than that which is required.

This legislation shall not be construed to create or enhance any claim, right of action, or civil liability that did not previously exist under state law. Effective July 1, 2011, a facility that violates this act shall be punished by a fine of not less than fifty dollars or more than five hundred dollars.

Further, this legislation shall preempt any local ordinance regulating the dissemination of nutritional in information.

Justification

This legislation aims to curb both childhood and adult obesity, and other health ailments, by allowing consumers to make informed decisions about their menu options at chain restaurants. As numerous local municipalities across the United States have begun taking the initiative in passing menu labeling ordinances, there exists a need for statewide standards, so as to not place an undue burden on dining establishments.

The New York State Department of Health estimates that roughly one million young people are classified as obese. New Yorkers are becoming increasingly overweight and obese. Between 1990 and 2002, a self-reported height and weight study found obesity in New Yorkers increased 36%.

An overweight adolescent has a 70% chance of being an overweight adult, if the adolescent has an overweight parent their likelihood of being overweight increases to 80%. The New York City Department of Health and Mental Hygiene stated that one of the causes of obesity is "readily available processed foods that are high in fat and sugar". Posting nutritional information on menus will help to ease the obesity epidemic confronting New York State as more consumers would exercise personal responsibility in their diet choices.

Not only does obesity lead to health care implications, it also puts a greater strain on the New York State budget. New York spends $6.1 billion dollars in adult obesity associated medical expenses, which is the second highest amount across all the states. This $6.1 billion translates to an additional $320 in health care costs per person because of obesity.

It is recommended by the National Academies' Institute of Medicine that restaurants "provide caloric content and other key nutritional information on menus and packaging that is prominently visible at point of choice and use". In general, supporters of menu labeling include the Food and Drug Administration, the Surgeon General, the Society for Nutrition and Education, AARP, the American Health Association, the American Medical Association, and the American Cancer Society.

Similar legislation was signed into law in California in 2008, the first state to enact such a measure.

Prior legislative history

New legislation.

Fiscal implications

None to the state.

Effective date

The act would take effect immediately.