File #: Int 0687-2022    Version: Name: Requiring added sugar notifications for menu items in chain restaurants.
Type: Introduction Status: Enacted
Committee: Committee on Health
On agenda: 9/14/2022
Enactment date: 11/17/2023 Law number: 2023/150
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring added sugar notifications for menu items in chain restaurants
Sponsors: Keith Powers , Lynn C. Schulman, Mercedes Narcisse, Sandra Ung, Selvena N. Brooks-Powers, Diana I. Ayala, Crystal Hudson, Gale A. Brewer, Shaun Abreu, Carmen N. De La Rosa, Marjorie Velázquez, Erik D. Bottcher, Julie Menin, Robert F. Holden, Lincoln Restler, Jennifer Gutiérrez, Justin L. Brannan, Kevin C. Riley, Linda Lee, James F. Gennaro, Farah N. Louis, Sandy Nurse, Rita C. Joseph, Pierina Ana Sanchez, Nantasha M. Williams, Christopher Marte, Tiffany Cabán, Shekar Krishnan, Kamillah Hanks, Charles Barron, Amanda Farías, Alexa Avilés, Kristin Richardson Jordan, Eric Dinowitz, Oswald Feliz, Rafael Salamanca, Jr., Julie Won, Carlina Rivera , (in conjunction with the Bronx Borough President), (in conjunction with the Brooklyn Borough Presiden, (in conjunction with the Queens Borough President), (by request of the Manhattan Borough President)
Council Member Sponsors: 38
Summary: This bill would require chain restaurants with 15 or more locations to conspicuously post added sugar icons and factual warning statements on menus or menu boards next to menu items and on or near food items on display that exceed a specified level of added sugars as determined by the U.S. Food & Drug Administration or another amount specified by the Department of Health and Mental Hygiene (DOHMH). This bill would consider food items that are identical to prepackaged food items to have the same density of added sugars as displayed on the nutrition facts of the prepackaged food item, unless demonstrated otherwise. This bill would also require such restaurants to conspicuously post an added sugar icon on or near any non-packaged food items on display or on menus or menu boards no later than 1 year after the federal regulations that require restaurants to include added sugars in nutritional information of non-packaged food items go into effect. Any covered restaurant that violates the provisions of this bill would be liable for a civil penalty of $200.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 687-A, 2. Summary of Int. No. 687, 3. Int. No. 687, 4. September 14, 2022 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 9-14-22, 6. Minutes of the Stated Meeting - September 14, 2022, 7. Committee Report 2/1/23, 8. Hearing Testimony 2/1/23, 9. Hearing Transcript 2/1/23, 10. Proposed Int. No. 687-A - 10/26/23, 11. Committee Report 11/2/23, 12. Hearing Testimony 11/2/23, 13. Hearing Transcript 11/2/23, 14. Committee Report - Stated Meeting, 15. November 2, 2023 - Stated Meeting Agenda, 16. Hearing Transcript - Stated Meeting 11-2-23, 17. Int. No. 687-A (FINAL), 18. Fiscal Impact Statement, 19. Mayor's Letter, 20. Local Law 150, 21. Minutes of the Stated Meeting - November 2, 2023
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
11/17/2023AKeith Powers City Council Recved from Mayor by Council  Action details Meeting details Not available
11/17/2023AKeith Powers Mayor Signed Into Law by Mayor  Action details Meeting details Not available
11/17/2023AKeith Powers Mayor Hearing Scheduled by Mayor  Action details Meeting details Not available
11/2/2023AKeith Powers City Council Sent to Mayor by Council  Action details Meeting details Not available
11/2/2023AKeith Powers City Council Approved by CouncilPass Action details Meeting details Not available
11/2/2023*Keith Powers Committee on Health Hearing Held by Committee  Action details Meeting details Not available
11/2/2023*Keith Powers Committee on Health Amendment Proposed by Comm  Action details Meeting details Not available
11/2/2023*Keith Powers Committee on Health Amended by Committee  Action details Meeting details Not available
11/2/2023AKeith Powers Committee on Health Approved by CommitteePass Action details Meeting details Not available
2/1/2023*Keith Powers Committee on Health Hearing Held by Committee  Action details Meeting details Not available
2/1/2023*Keith Powers Committee on Health Laid Over by Committee  Action details Meeting details Not available
9/14/2022*Keith Powers City Council Referred to Comm by Council  Action details Meeting details Not available
9/14/2022*Keith Powers City Council Introduced by Council  Action details Meeting details Not available

Int. No. 687-A

 

By Council Member Powers, Schulman, Narcisse, Ung, Brooks-Powers, Ayala, Hudson, Brewer, Abreu, De La Rosa, Velázquez, Bottcher, Menin, Holden, Restler, Gutiérrez, Brannan, Riley Lee, Gennaro, Louis, Nurse, Joseph, Sanchez, Williams, Marte, Cabán, Krishnan, Hanks, Barron, Farías, Avilés, Richardson Jordan, Dinowitz, Feliz, Salamanca, Won and Rivera (in conjunction with the Bronx, Brooklyn and Queens Borough Presidents) (by request of the Manhattan Borough President)

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring added sugar notifications for menu items in chain restaurants

 

Be it enacted by the Council as follows:

Section l. Section 17-199.18 of the administrative code of the city of New York, as added by local law number 33 for the year 2022, is amended to read as follows:

17-199.18 Added sugar notifications. a. Definitions. For the purposes of this section, the following terms have the following meanings:

Added sugars. The term "added sugars" has the same meaning as used in title 21, section 101.9 (c)(6)(iii) of the code of federal regulations, or any successor regulations.

Covered establishment. The term "covered establishment" means any food service establishment inspected pursuant to the restaurant grading program established pursuant to subdivision a of section 81.51 of the New York city health code that is part of a chain with 15 or more locations doing business under the same name and offering for sale substantially the same food items.

Daily value. The term "daily value" means the daily reference value established in title 21, section 101.9 (c)(9) of the code of federal regulations, or any successor regulations.

Food item on display. The term "food item on display" means a prepackaged food item or non-packaged food item that is visible to the customer before the customer makes a selection. 

Food service establishment. The term "food service establishment" has the same meaning as in section 81.03 of the New York city health code.

Icon. The term "icon" means a graphic or illustrated image, with or without accompanying text.

Identical to prepackaged food item. The term “identical to prepackaged food item” means a non-packaged food item offered by a food service establishment that has the same product name as a prepackaged food item and is promoted, advertised, or presented as substantially the same as that prepackaged food item as determined by the department, such as a fountain soda, coffee beverage, salad dressing, or dessert product that is sold under the same brand name in other retail locations.

Menu or menu board. The term "menu or menu board" has the same meaning as in section 81.49 of the New York city health code.

Menu item. The term “menu item” means any food item listed on a menu or menu board, as well as any seasonal, temporary, or variable menu item as defined by the department.

Non-packaged food item. The term “non-packaged food item” means a food item on display that does not have a nutrition facts label attached to it by the manufacturer pursuant to title 21, part 101 of the code of federal regulations, or any successor regulations.

Prepackaged food item. The term "prepackaged food item" means a food item that is packaged by the manufacturer and required to have a nutrition facts label pursuant to title 21, part 101 of the code of federal regulations, or any successor regulations.

[Prepackaged item on display. The term "prepackaged item on display" means a prepackaged food item that is visible to the customer before the customer makes a selection.]

b. [Warning] Icon and warning statement rule. 1. The department shall issue a rule designating an icon to be displayed in a clear and conspicuous manner [on] (i) on menus or menu boards adjacent to the [listed prepackaged food items] menu items and (ii) [prepackaged] on or near food items on display, that exceed a specified level of added sugars, including[, but not limited to,] 100 percent or more of the daily value for added sugars, as determined by the federal food and drug administration, or [exceed] another amount as specified in rules of the department.

2. For the purposes of this subdivision, a food item that is identical to a prepackaged food item will be presumed to have the same density of added sugars as is displayed on the nutrition facts panel of the corresponding prepackaged food item, as set forth in department rules, unless the food service establishment demonstrates otherwise to the satisfaction of the department.

3. Such rule shall also provide a factual warning statement about high added sugars intake.

c. Icon and warning statement required. No later than [one] 1 year after the department issues the rule required pursuant to subdivision b of this section, a covered establishment that offers [one] 1 or more [prepackaged food] menu items or [prepackaged] food items on display that qualify for an icon pursuant to subdivision b of this section shall, in accordance with rules promulgated by the department:

 1. Post a clearly visible icon on or near [the] any prepackaged food item or food item identical to a prepackaged food item on display that qualifies for such icon pursuant to subdivision b of this section;

2. Post a clearly visible icon on the menu or menu board next to [the] any prepackaged food item [wherever such item appears] or food item identical to a prepackaged food item that qualifies for such icon pursuant to subdivision b of this section; [and]

3. Post the factual warning statement required pursuant to subdivision b of this section prominently and conspicuously at the point of purchase, on the menu or menu board, and at any location where a food item requiring an icon pursuant to this subdivision is sold as a self-service item dispensed directly to the consumer; and

4. No later than 1 year after the effective date of federal regulations that require a covered establishment to include added sugars in the nutritional information of non-packaged food items available to customers, post a clearly visible icon on or near any non-packaged food item on display or on a menu or menu board that qualifies for such icon pursuant to subdivision b of this section.

d. Any covered establishment that violates any of the provisions of this section shall be liable for a civil penalty of [not less than] $200 [nor more than $500] for a violation thereof.

e. No later than [three] 3 months after the department issues the rule required by subdivision b of this section, the department shall conduct public outreach to educate covered establishments about the requirements of this local law.

f. The department shall promulgate rules for the facilitation and enforcement of this section. Nothing in this local law prohibits the department from requiring an icon or warning statement regarding additional foods, ingredients, or nutrients of concern.

§ 2. Section 2 of local law number 33 for the year 2022 is amended to read as follows:

§ 2. This local law takes effect [no later than one year after the expiration of the declaration of the local state of emergency for COVID-19 declared in emergency executive order number 98 of Mayor Bill de Blasio, dated March 12, 2020, including any subsequent extensions] on June 19, 2024.

§ 3. This local law takes effect on December 1, 2024. Nothing herein shall be construed to affect the effective date of local law number 33 for the year 2022.

 

NAB/SOS

LS #64489640

10/25/23 8:45pm