HomeMy WebLinkAbout07/01/2008, B4 - SB 1420 (PADILLA) - PROVISION OF NUTRITIONAL INFORMATION IN SPECIFIED FOOD FACILITIES 1
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j acEnaa Report 1�Nb
CITY OF SAN LUIS OBISPO
FROM: Jonathan P. Lowell, City Attorney
SUBJECT: SB 1420 (Padilla)—Provision of Nutritional Information in Specified Food
Facilities
CAO RECOMMENDATION
Consider whether or not to take a position on SB 1420, an act to add a provision to the California
Health and Safety Code relating to the provision of nutritional information in specified food
facilities.
DISCUSSION
State Senator Alex Padilla, by a letter dated June 9, 2008, has requested city councils adopt a
resolution or send a letter of support for proposed SB 1420. The bill would require each food
facility in the state that meets specified criteria (a restaurant that operates at least 14 other similar
restaurants in the state, i.e. a restaurant chain) to make nutritional information available to
consumers for all standard menu items. The information would be provided on the menu or menu
board. A copy of the proposed bill is attached, along with Senator Padilla's letter, photographs of
menu boards in New York, a Los Angeles County Health Division Health Impact Assessment and a
proposed sample resolution of support.
Also attached is information from the California Restaurant Association explaining its opposition to
the SB 1420 and noting a separate bill, AB 2572, that allow restaurants to provide nutritional
information through brochures, posters and tray liners, rather than menus and menu boards. AB
2572 would apply to restaurants with 20 or more outlets in California. A copy of AB 2572 is also
provided.
If Council is inclined to support SB 1420, it may adopt a resolution of support by title only, and
staff will prepare a final resolution for the Mayor's signature in substantially the same form as the
one provided by Senator Padilla. However, the form resolution essentially asks that the City send a
letter of support, thus, Council could simply direct the Mayor to send such a letter on behalf of the
City Council.
FISCAL IMPACT
None
�I
SB 1420 (Padilla). Provision of Nutritional Information in Specified Food Facilities Page 2
ATTACHMENTS
1. Letter from State Senator Alex Padilla dated June 9, 2008
2. SB 1420
3. Sample resolution of support
4. Photographs of menu labeling in a New York Starbucks
5. Los Angeles County Health Division Health Impact Assessment
6. California Restaurant Association press release
7. AB 2572
G:\Agenda-Ordinances-Resol\Agenda Report.SB1420 7-1-08.DOC
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ATTACHMENT
Taxltfnarntat Staxtr �5enattr
ALEX PADILLA
SENATOR, 20TH DISTRICT
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NcOUp
June 9, 2008
Dear Colleagues:
California should be the national leader in the fight against obesity. Each year,
approximately 60,000 Californians become obese or overweight, conditions which
significantly lead to diabetes, hypertension, and other chronic diseases.
Last year, I authored legislation (SB 120) that would have required nutritional
information on menus and menu boards of large chain restaurants. While the Legislature
voted for the bill and 84% of California's registered voters polled supported the measure,
it was vetoed by Governor Schwarzenegger. I recently introduced SB 1420 which, once
again, seeks to require restaurants with 15 or more locations in California to provide
nutrition information on menus and menu boards.
Recently, the United States District Court ruled that New York City's menu-labeling law
is legal, appropriate, and in the public interest. All restaurant chains in New York City
with 15 or more locations are now required to post calorie information on menu boards—
similar to the provisions of SB 1420. Restaurants such as Starbucks, Jamba Juice,
Quizno's, Subway, Johnny Rocket's; IHOP and Chipotle have begun to comply.
Last month, the Los Angeles County Department of Public Health released a first-of-its-
kind study showing that posting calorie information on restaurant menus and menu
boards could have a sizable impact on the obesity epidemic, even with modest changes
in consumer behavior.
The study found that if:just 10% of restaurant patrons ordered reduced-calorie meals
(average reduction of 100 calories per meal) as a result of the calorie information, it
would result in a 40% decrease in the annual weight gain in the county population.
Knowledge is power in the right against obesity. I respectfully request your support
for SB 1420. Attached please find a picture of a New York City Starbucks menu board
CAPITOL OFFICE: STATE CAPITOL, ROOM 4032•SACRAMENTO,CA 95814•TEL(916)651-4020•FAx(916)324-6645
DISTRICT OFFICE:6150 VAN NUYS BLVD.,SUITE 400•VAN NUYS,CA 91401 •TEL(BiB)901-5588•FAx(818)901-5562
N -
ATTACHMENT,$
complying with menu-labeling, a sample resolution if you would like to support this
measure, as well as the executive summary of the Los Angeles County Department of
Public Health study. The full report is available at www:publichealth.lacounty.gov. If
you have any questions,please feel free to call me at (916) 651-4020.
Sincerely,
Senator Alex Padilla
.q
q, I
SB 1420 Senate Bill - AMENP"T) ATTACHMENT Page 1 of 4
BILL NUMBER: SB 1420 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 13, 2008
INTRODUCED BY Senators Padilla and Migden
(Principal coauthor: Assembly Member DeSaulnier)
( Coauthors: Senators
Alquist, Cedillo, and Romero )
FEBRUARY 21, 2008
An act to add Section 114094 to the Health and Safety Code,
relating to food facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1420, as amended, Padilla. Food facilities: nutritional
information.
The California Unifernr- Retail Food
___-'_`_ties-_e:: Code provides for the
regulation of health and sanitation standards for retail food
facilities by the State Department of Public Health. Under existing
law , local health agencies are primarily responsible for
enforcing fib— this code A
violation of any of these provisions is punishable as a misdemeanor.
This bill would require each food facility in the state that meets
specified criteria to provide nutritional information that includes,
per standard menu item, the total number of calories , grams of
carbohydrates , grams of saturated fat, grams of trans fat,
and milligrams of sodium. It would also require the menu boards to
include the total number of calories for each listed item
. The bill would provide that, on and after July 1, 2009, a food
facility that violates the provisions of the bill is guilty of an
infraction, and would specifically provide that a violation of these
provisions is not a misdemeanor. By creating an infraction and adding
a new local enforcement duty, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
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SB 1420 Senate Bill - AMENPID Page 2 of 4
(a) Over the past two decades, there has been a significant
increase in the number of meals prepared or eaten outside the home,
with an estimated one-third of calories being consumed in, and almost
one-half of total food dollars being spent on, food purchased from
or eaten at restaurants and other food facilities.
(b) Increased caloric intake is a key factor contributing to the
alarming increase in obesity in the United States. According to the
Centers for Disease Control and Prevention, two-thirds of American
adults are overweight or obese, and the rates of obesity have tripled
in children and teens since 1980.
(c) Obesity increases the risk of diabetes, heart disease, stroke,
some cancers, and other health problems.
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- (d)-Broader-availability of nutrition information regarding foods
served at restaurants and other food service establishments would
allow customers to make more informed decisions about the food they
purchase.
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(e) Three-quarters of American adults report using food
labels on packaged foods, which are required by the federal
Nutrition Labeling and Education Act of 1990.
(f) Availability of nutrition information regarding restaurant
food assists consumers who are monitoring their diets or dealing with
chronic diseases' such as cardiovascular disease and diabetes.
(g) Consumers should be provided with point of purchase access to
nutritional information when eating out in order to make informed
decisions involving their health and diet.
(h) It is the intent of the Legislature to provide consumers with
better access to nutritional information about prepared foods sold at
food facilities so that consumers can understand the nutritional
value of available foods.
SEC. 2 . Section 114094 is added to the Health and Safety Code, to
read:
114094. (a) Each food facility in this state that operates under
common ownership ,or control with at least 14 other food facilities
with the same name in the state that offer for sale substantially the
same menu items, or operates as a franchised outlet of a parent
company with at least 14 other franchised outlets with the same name
in the state that offer for sale substantially the same menu items,
shall make nutritional information available to consumers for all
standard menu items. This information shall include, but not be
limited to, all of the following, per standard menu item, as usually
prepared and offered for sale:
(1) Total number of calories.
(2) Total number of grams of saturated fat.
(3) Total number of grams of trans fat.
(4) Total number of grams of carbohydrates.
(5) Total number of milligrams of sodium.
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SB 1420 Senate Bill - AMIENPcD
ATTArHMENT Page 3 of 4
(b) The nutrition information required
in subdivision (a) shall be provided next to each item on the
menu in a size and typeface that is clear and conspicuous. A page of
the menu shall include, in a clear and conspicuous manner, the
following statement: "Recommended limits for a 2, 000 calorie daily
diet are 20 grams of saturated fat and 2,300 milligrams of sodium. "
If the food facility also uses a menu board, the food facility may
limit the nutritional information listed on the menu board to the
total number of calories per item in a size and typeface that is
clear and conspicuous.
(c) Each food facility described in subdivision (a) that uses only
a menu board shall provide on the menu board the total number of
calories per item in a size and typeface that is clear and
conspicuous. This type of food facility shall, upon request, make the
other nutritional information described in subdivision (a) available
to consumers in writing at the point of sale.
(d) Menus and menu boards may include a disclaimer that indicates
that there may be minimal variations in nutritional content across
servings, based on slight variations in overall size and quantities
of ingredients, and based on special ordering.
(e) The nutritional information required by this section shall be
based spell a verifiable-anni!?eis Of-to Iftentl etelit, "hich rllap
reiiebie :1tetheete of ftneeipais- determined on a
reasonable basis. For purposes of this section, "reasonable basis"
means any reasonable means of determining nutrition information for a
standard menu item, as recognized by the federal Food and Drug
Administration, including, but not limited to, nutrient databases and
laboratory analyses. A reasonable basis determination of nutrition
information shall be required only once per standard menu item,
provided that portion size is reasonably consistent and the covered
food facility follows a standardized recipe and trains to a
consistent method of preparation.
(f) Notwithstanding Section 113789, for purposes of this section,
food facility does not include any of the following:
(1) Certified farmers' markets.
(2) Commissaries.
(3) Grocery stores, except for separately owned food facilities to
which this section otherwise applies that are located in the grocery
store. For purposes of this paragraph, "grocery store" means a store
primarily engaged in the retail sale of canned food, dry goods,
fresh fruits and vegetables, and fresh meats, fish, and poultry.
"Grocery store" includes convenience stores.
()
(4) Licensed health care facilities.
�1-
(5) Mobile support units.
(6) Public and private school cafeterias.
()
(7) Restricted food service facilities.
F)
(8) Temporary food facilities.
(8)
(9) Vending machines.
_L L this
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stere. For-p--Tries of. thieperegreph,"groeerlreteze __ -____ .
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SB 1420 Senate Bill - AMENPIT) AP��ME��� Page 4 of 4
pomibTT , and includes eenvenienee
(g) For purposes of this section, a standard menu item does not
include food items that are on the menu for less than six months,
condiments, other items placed on the table or counter for general
use without charge —emd— , alcoholic
beverages , or packaged foods otherwise subject to the nutrition
labeling requirements of the federal Nutrition Labeling and
Education Act of 1990 .
(h) Commencing July 1, 2009, a food facility that violates this
section is guilty of an infraction, punishable by a fine of not less
than fifty dollars ($50) or more than five hundred dollars ($500) ,
which may be assessed by a local enforcement agency. However, a food
facility may not be found to violate this section more than once
during an inspection visit. Notwithstanding Section i±339r
114395 , a violation of this section is not a
misdemeanor.
(i) if any provision of this section, or the application thereof,
is for any reason held invalid, ineffective, or unconstitutional by a
court of competent jurisdiction, the remainder of this section,
shall not be affected thereby, and to this end, the provisions of
this section are severable.
SEC. 3 . No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the'definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
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http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_1401-1450/sb_1420_bill_20080513_ame... 6/18/2008 (/
°1TACHMENT 3
Sample Resolution in Support of SB 1420
Whereas, Obesity rates in adults doubled over the last twenty years--currently, two-thirds
of American adults (65%) are overweight or obese and the percentage of seriously
overweight children tripled in the past two decades (from 4% to 150X6); and
Whereas; Obesity is a major risk factor for many health problems, including heart
disease; which is the leading cause of death in the United States, diabetes, and some
cancers; and
Whereas, Since 1994, pursuant to the Nutrition Labeling and Education Act (NLEA),
food manufacturers have been required to provide nutritional information on nearly all
packaged foods. However, the NLEA explicitly exempts restaurants; and
Whereas, In 1970, Americans spent just 26% of their food dollars on foods prepared
outside the home, like restaurant meals; today the amount is 46%; and
Whereas, At most restaurants,people can only guess the nutritional quality of the food.
Larger portions, higher calories and fat and lack of nutritional information have become a
huge problem for the health of today's Americans; and
Whereas, Studies have found a positive association between eating out and higher caloric
intakes and body weights. For example, children eat almost twice as many calories when
they eat a meal at a restaurant (770 calories) as at home(420 calories); and
Whereas, Recognizing the need for consumers to have the information they need to make
healthier choices when eating out, State Senator Alex Padilla(D=Pacoima) has introduced
SB 1420; and
Whereas, SB 1420 would require chain restaurants with 15 or more outlets in California
to provide nutritional information per item on printed menus and menu boards; and
Whereas, The United States District Court recently ruled that New York City's menu-
labeling ordinance—similar to the provisions of SB 1420—is legal, appropriate, and in
the public interest; and
Whereas, New York City is already implementing a menu-labeling ordinance, as major
food retailers have begun posting calorie counts on menu boards; and
SB 1420 is.an important step in giving consumers the information they need to make
healthier food choices. Consumers have the right to know the nutritional content of
restaurant meals; and now, therefore be it
Resolved, that the City/County of XXX will write a letter to the California legislature
stating their support of SB 1420.
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Public
2008Division of Choonic Disease Injury Prevention
May
Menu Labeling as a Potential Strategy for
Combating the Obesity Epidemic
A Health Impact Assessment
Paul Simon, Christopher J. Jarosz,Tony Kuo, and Jonathan E. Fielding
Executive Summary
Mandated posting of calorie information on menus and menu boards at fast food and other large chain restaurants
has garnered growing public and legislative support as a potential strategy for addressing the obesity epidemic.
However, no studies to our knowledge have sought to quantify the potential impact of this strategy on the epidemic.
To address this gap,we conducted a health impact assessment of menu labeling, as proposed in California's Senate
Bill 120 in 2007 and in the current Senate Bill 1420, on the obesity epidemic in Los Angeles County.
Data on population weight gain from the California Department of Education Physical Fitness Testing Program and
the Los Angeles County Health Survey were used to quantify the obesity epidemic in Los Angeles County. Additional
data to estimate the number of meals served annually at large chain restaurants in the county, the percentage of
restaurant patrons that would order reduced calorie meals as a result of menu labeling, and the amount of calorie
reductions that would result from patron response to calorie postings were examined using published and unpublished
data sources. Multiple scenarios of restaurant patron response to calorie postings were examined to estimate a
plausible range of impacts of menu labeling on the obesity epidemic.
Using conservative assumptions that calorie postings would result in 10%of large chain restaurant patrons ordering
reduced calorie meals, with an average reduction
of 100 calories per meal; and no compensatory
increase in other food consumption, menu What is a Health Impact Assessment?
labeling would avert 38.9% of the 6.75 million
pound average annual weight gain in the county A health impact assessment is a combination of procedures,methods,
population aged 5 years and older. Substantially and tools by which a policy, program, or project may be judged in
larger impacts would be realized if higher terms of its potential effects on the health of a population, and the
s
distribution of those effects within the population
percentages of restaurant patrons ordered
reduced calorie meals or average per meal calorie 1 Health Impact Assessment: Main Concepts and Suggested Approach.
reductions increased. These findings suggest Brussels, Belgium: European Centre for Health Policy. World Health
that mandated menu labeling at fast food and
Organization Regional Office for Europe: 1999. Gothenburg Consensus
other large chain restaurants could have a sizable
salutary impact on the obesity epidemic,even with Available at:http://www.euro.who.int/documenUPAE/Gothenburgpaper.pdf.
only modest changes in consumer behavior. Accessed March 25,2008.
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The following article can be viewed here: http:llwww.qsrweb.com/article.php2
id=10956
Calif. Restaurant Assoc. urges changes in
calorie-count bill
• 18 Jun 2008
SACRAMENTO, Calif. —The California Restaurant Association has announced that it
opposes a California senate bill that requires posting of nutritional information on
menus and menu boards.
Instead, the association is sponsoring a California assembly bill(AB 2572) that"offers a -
method that will guarantee access to nutrition information in chain restaurants that
reflects the needs of consumers and allows restaurants the flexibility to provide it in a
way that respects their customers'dining preferences," according to a press release.
The California Restaurant Association said in a statement that it "continues to oppose
the impractical approach to nutritional information disclosure found in SB 1420
(Padilla). We share Senator Padilla's commitment to promoting better nutrition and
healthier lifestyles. However, SB 1420 creates an unreasonable mandate that will
impose significant burdens on restaurants and their customers.
While the association agrees with some points of Padilla's bill, it opposes the "'one-size-
fits-all' approach (that) represents the very opposite of what California's restaurants
offer," according to the release.
President of the California Restaurant Association, lot Condie, said they will continue to
work with the legislature and governor to achieve a reasonable approach to nutritional
information disclosure in restaurants, and that the association is sponsoring AB 2572,
which would allow restaurants to provide nutrition information in brochures, and
on posters and tray liners.
Read more articles on this topic: Menu Boards & POP
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AB 2572 Assembly Bill - AMF"TDED .AT.Tl � �9 tl� age 1 o14
9�
BILL NUMBER: AB 2572 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2008
AMENDED IN ASSEMBLY APRIL 15, 2008
AMENDED IN ASSEMBLY APRIL 2, 2008
INTRODUCED BY Assembly Member Parra
(Principal coauthor: Assembly Member Garcia)
(Coauthor: Assembly Member Hayashi)
( Coauthors: Senators
Calderon, Correa, and Yee )
FEBRUARY 22, 2008
An act to add Chapter 14 (commencing with Section 114450) to Part
7 of Division 104 of the Health and Safety Code, relating to food
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2572, as amended, Parra. Food facilities: nutrition
information.
The California Retail Food Code provides for the regulation of
health and sanitation standards for retail food facilities by the
State Department of Public Health. Under existing law, local health
agencies are primarily responsible for enforcing this code. A
violation of these provisions is punishable as a misdemeanor.
This bill would require a covered food facility, as defined, to
disclose prescribed nutrition information for each standard food
item, as specified. The bill would authorize any food facility that
is not a 'covered food facility to voluntarily provide nutrition
information for a standard food item, provided that certain nutrients
are determined with reasonable basis and disclosed in a written
form. The bill would provide that, on and after January 1, 2010, a
covered food facility that violates these provisions is guilty of an
infraction, and would specifically provide that a violation of these
provisions is not a misdemeanor. By creating an infraction and adding
a new local enforcement duty, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
4-/3
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AB 2572 Assembly Bill - AMENDED ATTV'H EN tl Page 2 of 4
following:
(a) Over the past two decades, there has been a significant
increase in the number of meals prepared or eaten outside the home,
with an estimated one-third of calories and almost one-half of total
food dollars associated with food obtained from restaurants and other
food service establishments.
(b) Broader availability of nutrition information regarding foods
served at restaurants and other food service establishments would
allow consumers to make more informed decisions about the food they
purchase.
(c) Three-quarters of American adults report using food labels on
packaged foods, which are required by the federal Nutrition Labeling
and Education Act of 1990.
(d) Availability of nutrition information regarding restaurant
food assists consumers who closely monitor their diet.
(e) Due to substantial variations in restaurant characteristics,
restaurants have used a variety of methods to provide the broad
nutrition information that their customers desire.
(f) Providing accurate nutrition information for food prepared in
restaurants is significantly more difficult than for processed food
items because of greater variability of portion size, formulation,
and other characteristics of the restaurant food product and the
processes used to produce it.
(g) In implementing the federal Nutrition Labeling and Education
Act of 1990, the federal Food and Drug Administration recognized the
need for accuracy in nutrition information statements and addressed
the challenges of determining restaurant food product nutrition
information by permitting nutrition information for such products to
be determined with "reasonable basis. "
(h) Notwithstanding the substantial variability of nutrition
characteristics of standard food items served at restaurants and
other .food service establishments, the public health would be
advanced by providing nutrition information, determined with
reasonable basis, for standard food items generally available at
restaurants.
(i) Restaurants and other food service establishments generally
are more likely to provide nutrition information regarding food items
if there is not a threat of conflicting or overlapping governmental
requirements for disclosure of nutrition information, or
vulnerability to frivolous litigation regarding the accuracy of
disclosure of nutrition information.
(j) It is the intent of the Legislature to provide consumers with
greater access to nutrition information regarding restaurant foods by
recognizing that nutrition information determined with reasonable
basis is appropriately accurate and to provide restaurants reasonable
flexibility in providing nutrition information to consumers.
SEC.. 2. Chapter 14 (commencing with Section 114450) is added to
Part 7 of Division 104 of the Health and Safety Code, to read:
CHAPTER 14. ivoTRilfi6Ai NUTRITION
INFORMATION
114450. For purposes of this chapter, the following definitions
shall apply:
(a) "Covered food facility" means a food facility that operates
under the same trade name with at least 20 other food facilities in
the state, regardless of ownership, except that a "covered food
facility" shall not include the following types of food facilities:
(1) Certified farmers' markets.
(2) Commissaries.
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AB 2572 Assembly Bill - AMENDED Ad 9 UHMEN T 7Page 3 of 4
(3) Grocery stores, except for separately owned food facilities to
which this section otherwise applies that are located in the grocery
store. For purposes of this paragraph, "grocery store" means a store
primarily engaged in the retail sale of canned foods, dry goods,
fresh fruits and vegetables, and fresh meats, fish, and poultry.
Also, "grocery .store" includes convenience stores.
(4) Licensed health care facilities.
(5) Mobile support units.
(6) Public and private school cafeterias.
(7) Restricted food service facilities.
(8) Temporary food facilities.
--(et)
(9) Vending machines.
(b) "Standard food item" means a food item offered for sale by a
covered food facility at least 180 days, per calendar year, excluding
food items that are customized on a case-by-case basis in response to
unsolicited customer requests, alcoholic beverages, the labeling of
which is not regulated by the federal Food and Drug Administration,
or packaged foods otherwise subject to the nutrition labeling
requirements of the federal Nutrition Labeling and Education Act of
1990.
(c) "Reasonable basis" means any reasonable means of determining
nutrition information for a standard menu item, as recognized by the
federal Food and Drug Administration, including, but not limited to,
nutrient databases, cookbooks, and laboratory analyses. A "reasonable
basis" determination of nutrition. information shall be required only
once per standard menu item, provided that portion size is
reasonably consistent and the covered food facility follows a
standardized recipe and trains to a consistent method of preparation.
114451. (a) (1) Except as provided in subdivision (d) , a covered
food facility shall make all of the following nutrition information
available to consumers for each standard food item:
(A) The total number of calories.
(B) The amount of total fat, saturated fat, and trans fat.
(C) The amount of carbohydrates.
(D) The amount of sodium.
(2) The nutrition information required by this subdivision shall
be determined with reasonable basis and disclosed on a per-item basis
in accordance with the federal Food and Drug Administration's
requirements for disclosure under the federal Nutrition Labeling and
Education Act of 1990.
(b) (1) Except as provided in subdivisions (c) and (d) , a covered
food facility shall disclose in writing the information listed in
subdivision (a) , within the facility, by at least one of the
following methods:
(A) Menu or other writing at the point of sale.
(B) Standard food item packaging.
(C) Counter or table tent.
(D) Tray liner.
(E) Poster.
(F) Brochure or other printed material.
(G) Electronic medium, including an electronic kiosk on the
premises.
_d L__ til
(2) When nutrition information is disclosed by means other than a
menu or other writing at the point of sale, the covered- food facility
shall conspicuously display at or near the point .of sale a notice.
that reads: "NUTRITION INFORMATION IS AVAILABLE UPON REQUEST" or
other similar referral statement that discloses the availability of
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the nutrition information.
(c) If a covered food facility provides consumers a point of sale
in an outdoor area drive-through or drive-in auto stall, then that
covered food facility shall conspicuously display at or near the
point of sale the nutritional information required in subdivision (a)
or shall conspicuously display at or near the point of sale a notice
that reads: "NUTRITION INFORMATION IS AVAILABLE UPON REQUEST" or
other similar referral statement that discloses the availability of
the nutrition information by at least one of the methods listed in
subdivision (b) .
114452. Any food facility that is not a covered food facility may
voluntarily provide under this chapter nutrition information for a
standard food item, provided that all of the nutrients required to be
disclosed by subdivision (a) of Section 114451 are determined with
reasonable basis and disclosed in a written form within the facility.
114453. (a) Commencing January 1, 2010, a covered food facility
that violates this chapter is guilty of an infraction, punishable by
a fine of not more than fifty dollars ($50) for each violation, that
may be assessed by a local enforcement agency.
(b) Notwithstanding Section 114395, a violation of this chapter is
not a misdemeanor.
114454. Nothing in this chapter shall be construed to create or
enhance any claim, right of action, or civil liability that did not
previously exist under the laws of this
right! OE debion shail arise Oct of thims Chapter state
or limit any claim, right of action, or civil liability that
otherwise exists under the laws of this state The only
enforcement mechanism of this chapter is by the local enforcement
officer.
114455. This chapter shall not be construed to limit or
prohibit a local ordinance that requires the same or greater level of
disclosure of nutritional information than that provided in this
chapter.
114456. If any provision of this chapter, or the
application thereof, is for any reason held invalid, ineffective, or
unconstitutional by a court of competent juridiction, the remainder
of this chapter, or the application of this provision, shall not be
affected thereby, and to this end, the provisions of this chapter are
severable.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
CORRECTIONS Text--Page 6.
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