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SB-120 Food facilities: nutritional information.(2007-2008)

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SB120:v91#DOCUMENT

Enrolled  September 14, 2007
Passed  IN  Senate  September 12, 2007
Passed  IN  Assembly  September 10, 2007
Amended  IN  Assembly  August 31, 2007
Amended  IN  Assembly  August 20, 2007
Amended  IN  Assembly  July 03, 2007
Amended  IN  Assembly  June 19, 2007
Amended  IN  Senate  April 23, 2007
Amended  IN  Senate  March 21, 2007
Amended  IN  Senate  March 08, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 120

Introduced  by  Senator Padilla, Migden
 (Principal Coauthor(s): Assembly Member DeSaulnier)
 (Coauthor(s): Senator Alquist, Cedillo)
 (Coauthor(s): Assembly Member Coto, Hernandez, Mendoza, Saldana, Solorio)

January 22, 2007

An act to add Section 114094 to the Health and Safety Code, relating to food facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 120, Padilla. Food facilities: nutritional information.
The California Uniform Retail Food Facilities Law (CURFFL) 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 CURFFL. A violation of any of these provisions is punishable as a misdemeanor.
This bill would require each food facility, with certain exceptions, that meets specified criteria to provide nutritional information that includes, per standard menu item, the total number of calories, grams of saturated fat, grams of trans fat, number of carbohydrates and milligrams of sodium on standard menus. It would also require the menu boards to include the total number of calories. 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   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:
(a) Research continues to reveal the strong link between diet and health, and that diet-related diseases start early in life.
(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.
(d) Basic nutritional information is extremely important to consumers who are dealing with chronic diseases like cardiovascular disease and diabetes.
(e) 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 (46 percent) of total food dollars being spent on food purchased from or eaten at restaurants and other food facilities.
(f) Three-quarters of American adults report using food labels on packaged foods, which are required by the Nutrition Labeling and Education Act of 1990.
(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) Except as provided in subdivision (e), 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 offers 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 carbohydrates.
(5) Total number of milligrams of sodium.
(b) Each food facility that uses a standard menu shall provide the nutritional information 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 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 upon a verifiable analysis of the menu item, which may include the use of nutrient databases, laboratory testing, or other reliable methods of analysis. This section does not apply to items that are on the menu for less than six months, to condiments, and to other items placed on the table or counter for general use without charge. This section also does not apply to alcoholic beverages. This section also does not apply to the following types of food facilities:
(1) Certified farmers’ markets.
(2) Commissaries.
(3) Licensed health care facilities.
(4) Mobile support units.
(5) Public and private school cafeterias.
(6) Restricted food service facilities.
(7) Temporary food facilities.
(8) Vending machines.
(9) 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 and prepared meats, fish, and poultry, and includes convenience stores.
(f) 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 113935, a violation of this section is not a misdemeanor.

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.