Proposed Int. No. 405-A
By Council Members Riley, Louis, Brewer, Hudson, Brooks-Powers, Hanif, Salaam, Banks, Gutiérrez, Feliz, Abreu, Won, Cabán, Stevens, Williams, Dinowitz, Krishnan, Epstein, Aldebol, Marte, Ossé, Narcisse and Restler
A Local Law to amend the administrative code of the city of New York, in relation to nutrition standards and beverage options for children’s meals served in food service establishments
Be it enacted by the Council as follows:
Section 1. Section 17-199.11 of the administrative code of the city of New York, as added by local law number 75 for the year 2019, subdivision d as amended by local law number 80 for the year 2021 and subdivision f as added by local law number 80 for the year 2021, is amended to read as follows:
§ 17-199.11 Food service establishment nutrition standards and beverage options for children’s meals. a. Definitions. For the purposes of this section, the following terms have the following meanings:
Chain establishment. Chain establishment means a food service establishment that is part of a chain with 15 or more locations doing business under the same name and offering for sale substantially the same menu items.
Children’s meal. The term “children’s meal” means a [food or] combination of [food items] more than one children’s menu item, listed on a menu or menu board [and] that is intended for consumption as a meal by children to which the presumption described in subdivision [e] j attaches.
Children’s menu item. The term “children’s menu item” means one menu item listed on a menu or menu board that is intended for consumption as a component of a children’s meal to which the presumption in subdivision i attaches.
Food. The term “food” has the same meaning as in article 71 of the New York city health code.
Food service establishment. The term “food service establishment” means any establishment inspected pursuant to the restaurant grading program established pursuant to subdivision a of section 81.51 of the New York city health code.
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.
b. Nutrition standards. For any children’s meal offered by a food service establishment, such establishment shall post all children’s menu items on the menu or menu board. The children’s meal offered by a food service establishment must include:
1. At least one non-juice fruit serving; and
2. At least one vegetable serving indicating its cooking method, which may not be deep fried.
c. Beverage options. Beverages offered by a food service establishment on a menu or menu board as a children’s menu item must state on such menu or menu board a description of the beverage being offered, including, but not limited to, the size of the beverage in ounces and the type of beverage. The [selection of beverages listed as part of the children’s meal shall be limited to the] only beverages allowed to be included as children’s menu items on menu or menu boards for food service establishments are the following:
1. Water, sparkling water or flavored water, with no added natural or artificial sweeteners;
2. [Flavored or unflavored nonfat or one percent fat d] Dairy milk[,] or [flavored or unflavored] a non-dairy beverage that is nutritionally equivalent to fluid milk, in a serving size of [eight] 8 ounces or less; or
3. One hundred percent fruit or vegetable juice, or any combination thereof, with no added natural or artificial sweeteners, in a serving size of [eight] 6.75 ounces or less. Such juice may contain water or carbonated water.
d. A chain establishment that offers children’s meals shall only offer such meals that contain:
1. No more than 630 milligrams of sodium;
2. No more than 7 grams of saturated fat;
3. No more than 630 calories; and
4. At least 4 grams of fiber.
e. A food service establishment shall not list desserts, other than unsweetened fruit, as children’s menu items on the menu or menu board.
[c]f. Nothing in this section prohibits a food service establishment from providing, upon request by a customer, a substitute [beverage other than the beverage required under subdivision b of this section] children’s menu item.
g. The department shall determine what satisfies the requirements of subdivisions b, c, d, e, and f, including, but not limited to, specifying what qualifies as a children’s menu item and serving under subdivisions b, c and d.
[d.] h. Any food service establishment that violates any of the provisions of this section or any rule promulgated thereunder by the department shall be liable for a civil penalty of $[100]50. Where a person is found to have violated this section or any rule promulgated thereunder by the department, the department shall commence a proceeding to recover any civil penalty authorized by this section by the service of a summons returnable to the office of administrative trials and hearings.
[e.] i. It shall be a rebuttable presumption that a menu item or combination of menu items on a menu or menu board is intended for consumption by children if the item or items are shown on the menu or menu board in any one of the following ways:
1. Alongside any of the following words: “child,” “children,” “kids,” “junior,” “little,” “kiddie,” “kiddo,” “tyke,” any synonym or abbreviation of such words, or any word the department determines would similarly identify a children’s meal;
2. Alongside a cartoon illustration, puzzle or game;
3. Accompanied by or being offered with a toy [or kid’s] or game for children; or
4. With a limitation on the maximum age of a person who can select the item or items.
j. The department may promulgate rules to expand the list of words or images that create the rebuttable presumption established pursuant to subdivision i of this section, provided that such words or images generally have the same meaning as those listed in such subdivision.
[f.] k. Any food service establishment that violates this section or any rules promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such person proves to the satisfaction of the department, within seven days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of this section or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination.
§ 2. This local law takes effect 18 months after it becomes law.
MLL/CP
LS #12767
Int. #0641-2024
10/7/2026 3:05 PM