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A02720 Summary:BILL NO A02720A
SAME AS No same as
SPONSOR Ortiz (MS)
COSPNSR Gottfried, Cook, Rivera P, Mayersohn, Gabryszak, Koon, Galef,
Christensen, Fields, Boyland, Paulin, Barron
MLTSPNSR Brennan, Clark, Dinowitz, Glick, Hooper, Jacobs, Latimer, Lavine,
Maisel, McEneny, Millman, Pheffer, Rivera J, Rosenthal, Towns,
Weisenberg
Add S1352-d, Pub Health L
Requires certain restaurants and food service establishments to post the
caloric value of food items; provides exemptions.
A02720 Actions:BILL NO A02720A
01/21/2009 referred to health
02/04/2009 reported referred to codes
04/27/2009 reported
04/30/2009 advanced to third reading cal.442
06/18/2009 amended on third reading 2720a
06/22/2009 passed assembly
06/22/2009 delivered to senate
06/22/2009 REFERRED TO RULES
01/06/2010 DIED IN SENATE
01/06/2010 RETURNED TO ASSEMBLY
01/06/2010 ordered to third reading cal.227
A02720 Votes:BILL: A02720A DATE: 06/22/2009 MOTION: YEA/NAY: 108/034
Abbate NO Cahill Y Englebr Y Hooper Y Maisel Y Powell Y Skartad Y
Alessi Y Calhoun NO Errigo NO Hoyt Y Markey ER Pretlow Y Spano Y
Alfano Y Camara Y Espaill Y Hyer-Sp Y Mayerso Y Quinn NO Stirpe Y
Amedore Y Canestr Y Farrell Y Jacobs Y McDonou Y Rabbitt NO Sweeney Y
Arroyo Y Carrozz Y Fields Y Jaffee Y McEneny Y Raia Y Tedisco NO
Aubry Y Castro Y Finch NO Jeffrie Y McKevit Y Ramos Y Thiele Y
Bacalle NO Christe Y Fitzpat NO John Y Meng Y Reilich NO Titone Y
Ball Y Clark Y Gabrysz Y Jordan NO Miller NO Reilly Y Titus Y
Barclay NO Colton Y Galef Y Kavanag Y Millman Y Rive J Y Tobacco Y
Barra Y Conte Y Gantt NO Kellner Y Molinar NO Rive N ER Towns Y
Barron ER Cook Y Gianari Y Kolb NO Morelle Y Rive PM Y Townsen NO
Benedet Y Corwin NO Gibson Y Koon Y Nolan Y Robinso Y Walker Y
Benjami NO Crespo Y Giglio NO Lancman Y Oaks NO Rosenth Y Weinste Y
Bing Y Crouch NO Glick Y Latimer Y O'Donne Y Russell Y Weisenb Y
Boyland ER Cusick Y Gordon Y Lavine Y O'Mara NO Saladin Y Weprin Y
Boyle Y Cymbrow Y Gottfri Y Lentol Y Ortiz Y Sayward NO Wright Y
Bradley Y DelMont Y Gunther Y Lifton Y Parment NO Scarbor Y Zebrows Y
Brennan Y DenDekk Y Hawley NO Lope PD NO Paulin Y Schimel Y Mr Spkr Y
Brodsky Y Destito Y Hayes NO Lope VJ Y Peoples ER Schimmi NO
Brook-K Y Dinowit Y Heastie Y Lupardo Y Peralta Y Schroed Y
Burling NO Duprey NO Hevesi ER Magee NO Perry ER Scozzaf NO
Butler NO Eddingt Y Hikind Y Magnare Y Pheffer Y Seminer ER
A02720 Memo:BILL NUMBER:A2720A
TITLE OF BILL: An act to amend the public health law, in relation to
the posting of caloric value of food items
PURPOSE OF BILL: To require certain restaurants and food service estab-
lishments to provide calorie information to customers.
SUMMARY OF SPECIFIC PROVISIONS: Would add a new section 1352-d authoriz-
ing the Commissioner of Health to develop regulations requiring restau-
rants and food service establishments to prominently post calorie infor-
mation 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 establish-
ments 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 prox-
imity to the applicable menu or food item so that it is clearly associ-
ated with such item, and in a font and format that is at least as promi-
nent, in size and appearance, as that used to post either the name or
price of the menu item, and to post 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. This section shall not apply
to menu items listed for less than thirty days in one calendar year.
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. Content 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,
as the price or menu item is on 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 estab-
lishment 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 estab-
lishment engaged in the preparation, serving and sale of food or bever-
ages or meals with standardized preparations, portion sizes and content
intended for public consumption. This establishment is one of at least
fifteen such restaurants or establishments in the United States doing
business 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 twen-
ty-c of the agriculture and markets law except for sections that have
been determined by the Commission to be chain restaurants or food
service establishments as defined in this section.
Health inspectors are only required to check for the calorie content
value listings on the menu, menu board or food item tag although the
Commissioner can ask for documentation of accuracy of listings.
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, including local laws, ordi-
nances or regulations requiring 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-d 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. According to the NYS WIC Asso-
ciation over 32% of the children aged 2-5 who are participating are
overweight or at risk of being overweight. This leads to illnesses such
as diabetes in young children. 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. A study commis-
sioned by CDC found that $75 billion is spent nationally each year on
obesity related medical costs, half of it public dollars through Medi-
caid and Medicare. It was estimated that $3.5 billion of New York's
Medicaid spending is due to obesity, by far the highest level of any
State.
During the time when 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 estab-
lishments. 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 can get nutrition labeling on packaged foods at
the supermarket. However, they are now getting more of their food from
restaurants and other food service establishments than years ago 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 nutrition
information could empower parents, arid 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. National surveys indicate that
between 62% and 87% of consumers support requiring restaurant nutrition
information. Recent reports by the Surgeon General and an FDA expert
panel on obesity recommend increased nutrition information on foods
eaten away from home.
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 restau-
rants offer or how they cook it.
Some health experts believe this generation of children will be the
first in history to have a shorter life expectancy than their parents
because of the obesity epidemic. Everyone, including food businesses,
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect one year after becoming law.
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