Relates to the posting of calorie content values for food sold by retail food establishments and retail food service operations

BILL NUMBER:S7522

Title of bill

An act to amend the public health law and the agriculture and markets law, in relation to the posting of calorie content values for food sold by retail food establishments and retail food service operations

Purpose

To require calorie labeling of items on the menu at retail food establishments.

Summary of provisions

Section 1 of this bill states the legislative intent.

Section 2 of this legislation makes a technical amendment to section 1351 of the Public Health Law.

Section 3 of this bill amends the Public Health Law by adding section 1356 and section 4 of this bill adds a subdivision 6 to section 500 of the Agriculture and Markets Law. These amendments require a retail food establishment to offer the total calorie value for each menu item offered for sale on the establishments menu or menu board. If a food item is displayed for sale with a food item tag, that tag must display the calorie content. This section also requires the calorie content value of an alcoholic beverage offered for sale by a retail food establishment to be listed. The calorie content values must be based upon a verifiable analysis of a food or menu item.

Section 5 has this bill taking effect on January 1, 2015.

Justification

Increased caloric intake is a key factor contributing to the alarming increase in obesity in the United States. Obesity is more than just a cosmetic concern. It is a major risk factor for CVD and sets us on a fast track for health complications such as heart disease, Type 2 diabetes, high blood pressure and high cholesterol. In New York State, six out of ten adults are considered overweight or obese. That's 8.5 million New Yorkers.

And obesity is not just a problem for adults. It has also emerged as a major health concern for teens and children. Nearly one-third of NYS children between the ages of 10 to 17 are considered overweight or obese.

Our eating habits have changed. Americans are eating on the run and we now consume on average one third of our calories eating out yet often don't know how many calories are being consumed. Foods that people eat from restaurants and other food-service establishments are frequently offered in greater portion sizes, are higher in calories, sodium, and saturated fat and lower in positive nutrients, such as calcium and fiber, compared with home-prepared foods.

While three-quarters of American adults report using food labels on packaged foods, this information isn't readily available to consumers

when eating out. It is difficult for consumers to limit their intake of calories at restaurants, given the limited availability of nutrition information.

Furthermore, obesity carries a steep price tag. In New York State, obesity-related healthcare costs alone were an estimated $11.8 billion for all New Yorkers in 2011, according to a recent report by the NYS Comptroller.

While the federal government passed calorie labeling as part of the Affordable Care Act, the process has stalled and the standards have yet to be implemented. State and local governments may enact laws that have the same requirements as the federal law and regulations. State and local governments may not require restaurant chains or similar retail food establishments with 20 or more locations or to comply with different requirements than those imposed by the federal law. Enacting our own law will allow state government to monitor and enforce the requirements instead of relying on the federal government to do so.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This bill takes effect on January 1, 2015.