BILL NUMBER: S6408B
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to requiring chain
restaurants to label menu items that have a high content of added sugars
 
PURPOSE:
To require chain restaurants to label menu items that have a high
content of added sugars
 
SUMMARY OF PROVISIONS:
Section 1 amends Public Health Law by adding a new section 1357, as it
relates to food handling, requiring chain restaurants to add sugar safe-
ty warnings in subsections 1-5. Subsection 1 adds definitions for chain
menu developer, covered establishment, food tag, discrete serving, high
added sugars content, menu, menu board, food items, point of purchase,
and self-serve dispensing point.
Subsection 2 establishes that a covered establishment must display an
added sugar warning on certain food items with high added sugar content
and on a certain place, wherever such food item is listed, and requires
the Department of Health (DOH) to promulgate rules and regulations no
later than one year after the effective date of the bill.
Subsection 3 establishes the reporting requirement where once every
ninety days the chain menu developers must report to DOH regarding
changes in the amount of added sugars in each food item offered or if
there is no change since the last report.
Subsection 4 requires DOH to issue a report reviewing evidence of the
impact of this section no later than six years after the effective date,
including evidence of the impact of this section on food item reformu-
lation and consumer behavior and recommendations for additional nutri-
ents that should be considered for menu warnings.
Subsection 5 establishes violations for any chain restaurant that
violates the provisions be subject to a civil penalty of not more than
$250 per day per location not in compliance.
Subsection 6 provides exemptions for establishments that are already
required to label for added sugars through local law.
Section 2 provides a severability clause.
Section 3 establishes that this act will take effect one year after it
becomes law.
 
JUSTIFICATION:
The United States Department of Agriculture's most recent Dietary Guide-
lines for Americans, 2020-2025 show that adults and children in every
age group (2-60+ years) regularly exceed the daily limit for consumption
of added sugars. Sugar-sweetened beverages-soda, fruit drinks, sports
drinks, energy drinks, flavored milk, and sweetened coffee-are the lead-
ing source of intake (24%), followed closely by desserts and sweet
snacks (19%). Meals sold at fast food restaurants can have a substantial
impact on our diet, as they regularly serve more than one in three
adults on a given day. These meals regularly approach or exceed the
recommended limit of added sugars that a person should consume in an
entire day, with most "small" size fountain drinks containing a full
day's worth of added sugars (>50g), making it nearly impossible to regu-
larly consume these foods while also maintaining a healthy diet. Over-
consumption of added sugars can contribute to weight gain, type 2
diabetes, cardiovascular disease, dental cavities, and other chronic
diseases, while healthy eating patterns that are relatively lower in
added sugars are associated with a reduced risk of cardiovascular
disease, type 2 diabetes, and certain types of cancers.
Enacting this bill would add a provision requiring chain restaurants to
add sugar safety warnings and allow New Yorkers and their families to
make informed decisions, especially because chain restaurants promote
and normalize foods and drinks that are high in added sugars. Fast-food
chains in cities like New York City are concentrated in communities of
color, communities that are already most unjustly burdened by health
disparities and negatively impacted by prior food industry marketing.
Similar laws have been implemented in the US in New York City and Phila-
delphia, as well as internationally (Chile, Peru, Uruguay, Mexico, and
Israel), where research demonstrates that laws like these can help
consumers make healthier choices and push food companies to reformulate
their products.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECT DATE:
This act shall take effect one year after it shall have become a law.