This bill would require that restaurants in New York City that serve children’s meals only include drinks that do not contain added sugars or sweeteners. Specifically, combination children’s meals may only offer water, sparkling water, flavored water, nonfat or one percent milk, non-dairy milk, 100% fruit or vegetable juice, or fruit or vegetable juice combined with water or carbonated water as the default option. However, a customer could substitute a different drink of their choice by request, rather than selecting one of the default options. The bill would impose monetary penalties on restaurants that violate this law.
Proposed Int. No. 1064-A
By Council Members Kallos, Levine, Espinal, Ayala, Rose, Reynoso, Rosenthal, Richards and Rivera
A Local Law to amend the administrative code of the city of New York, in relation to nutritional standards for beverages included in meals aimed at children
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-199.9 to read as follows:
§ 17-199.9 Beverage options for children’s meals. a. Definitions. For the purposes of this section, the following terms have the following meanings:
Children’s meal. The term “children’s meal” means any combination of food and drink items offered for sale together for a single price and intended for consumption by children.
Default beverage. The term “default beverage” means any beverage that is offered as part of a children’s meal.
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 health code of the city of New York.
b. A food service establishment that offers a children’s meal shall make the default beverage one of 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 dairy milk or non-dairy beverage that is nutritionally equivalent to fluid milk in a serving size of eight ounces or less; or
3. One hundred percent fruit or vegetable juice, or fruit or vegetable juice combined with water or carbonated water, or fruit and vegetable juice combined with water or carbonated water, with no added natural or artificial sweeteners, in a serving size of eight ounces or less.
c. Nothing in this section prohibits a food service establishment from offering upon request a beverage other than the default beverage offered with a children’s meal.
d. Any food service 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 first violation thereof; not less than $500 nor more than $1,000 for a second violation thereof within any 12 month period; and not less than $1,000 nor more than $2,500 for a third or subsequent violation thereof within any 12 month period.
§ 2. This local law takes effect 120 days after it becomes law, provided that the commissioner of health and mental hygiene may take all actions necessary for its implementation, including the promulgation of rules, before such effective date.