BILL NUMBER: SB 120 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 12, 2007
PASSED THE ASSEMBLY SEPTEMBER 10, 2007
AMENDED IN ASSEMBLY AUGUST 31, 2007
AMENDED IN ASSEMBLY AUGUST 20, 2007
AMENDED IN ASSEMBLY JULY 3, 2007
AMENDED IN ASSEMBLY JUNE 19, 2007
AMENDED IN SENATE APRIL 23, 2007
AMENDED IN SENATE MARCH 21, 2007
AMENDED IN SENATE MARCH 8, 2007
INTRODUCED BY Senators Padilla and Migden
(Principal coauthor: Assembly Member DeSaulnier)
(Coauthors: Senators Alquist and Cedillo)
(Coauthors: Assembly Members Coto, Hernandez, Mendoza, Saldana,
and 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.
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.