BILL NUMBER: SB 1420 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 13, 2008
INTRODUCED BY Senators Padilla and Migden
(Principal coauthor: Assembly Member DeSaulnier)
( Coauthors: Senators
Alquist, Cedillo, and Romero )
FEBRUARY 21, 2008
An act to add Section 114094 to the Health and Safety Code,
relating to food facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1420, as amended, Padilla. Food facilities: nutritional
information.
The California Uniform Retail Food
Facilities Law (CURFFL) Code 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 this code . A
violation of any of these provisions is punishable as a misdemeanor.
This bill would require each food facility in the state that meets
specified criteria to provide nutritional information that includes,
per standard menu item, the total number of calories , grams of
carbohydrates , grams of saturated fat, grams of trans fat,
and milligrams of sodium. It would also require the menu boards to
include the total number of calories for each listed item
. 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.
State-mandated 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.
(a) 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 being consumed in, and almost
one-half of total food dollars being spent on, food purchased from
or eaten at restaurants and other food facilities.
(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.
(d) Broader availability of nutrition information regarding foods
served at restaurants and other food service establishments would
allow customers to make more informed decisions about the food they
purchase.
(f)
(e) Three-quarters of American adults report using food
labels on packaged foods, which are required by the federal
Nutrition Labeling and Education Act of 1990.
(f) Availability of nutrition information regarding restaurant
food assists consumers who are monitoring their diets or dealing with
chronic diseases' such as cardiovascular disease and diabetes.
(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) 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 offer 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 grams of carbohydrates.
(5) Total number of milligrams of sodium.
(b) Each food facility described in subdivision (a) that uses a
standard menu shall provide the nutritional information next to
(b) The nutrition information required
in subdivision (a) shall be provided 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 described in subdivision (a) 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. determined on a
reasonable basis. For purposes of this section, "reasonable basis"
means any reasonable means of determining nutrition information for a
standard menu item, as recognized by the federal Food and Drug
Administration, including, but not limited to, nutrient databases and
laboratory analyses. A reasonable basis determination of nutrition
information shall be required only once per standard menu item,
provided that portion size is reasonably consistent and the covered
food facility follows a standardized recipe and trains to a
consistent method of preparation.
(f) Notwithstanding Section 113789, for purposes of this section,
food facility does not include any of the following:
(1) Certified farmers' markets.
(2) Commissaries.
(3) 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 food, dry goods,
fresh fruits and vegetables, and fresh meats, fish, and poultry.
"Grocery store" includes convenience stores.
(3)
(4) Licensed health care facilities.
(4)
(5) Mobile support units.
(5)
(6) Public and private school cafeterias.
(6)
(7) Restricted food service facilities.
(7)
(8) Temporary food facilities.
(8)
(9) 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.
(g) For purposes of this section, a standard menu item does not
include food items that are on the menu for less than six months,
condiments, other items placed on the table or counter for general
use without charge and , alcoholic
beverages , or packaged foods otherwise subject to the nutrition
labeling requirements of the federal Nutrition Labeling and
Education Act of 1990 .
(h) 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 113395
114395 , a violation of this section is not a
misdemeanor.
(i) If any provision of this section, or the application thereof,
is for any reason held invalid, ineffective, or unconstitutional by a
court of competent jurisdiction, the remainder of this section,
shall not be affected thereby, and to this end, the provisions of
this section are severable.
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.