BILL ANALYSIS �
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THIRD READING
Bill No: SB 20
Author: Padilla (D)
Amended: 4/25/11
Vote: 21
SENATE HEALTH COMMITTEE : 8-1, 5/4/11
AYES: Hernandez, Strickland, Alquist, Blakeslee, De Le�n,
DeSaulnier, Rubio, Wolk
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Food facilities: menu labeling
SOURCE : Author
DIGEST : This bill revises the definition of "food
facility," as it relates to menu labeling requirements, to
mean a food facility that is part of a chain with at least
20 locations doing business under the same name and that
offers for sale substantially the same menu items,
regardless of the type of ownership.
ANALYSIS :
Existing federal law:
1. Establishes the United States Food and Drug
Administration (FDA) to regulate food, cosmetics,
medicines, and medicine products; and ensures that such
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products are labeled appropriately.
2. Establishes the Nutrition Labeling and Education Act,
which requires all packaged foods sold outside of
restaurants to include nutritional content information
on the packaging.
3. Requires restaurants to provide nutritional content
information on food items for which a nutrient or
health-related claim is made by the restaurant.
4. Establishes the Patient Protection and Affordable Care
Act (PPACA) (Public Law 111-148) as amended by the
Health Care and Education Reconciliation Act (H.R.
4872).
5. Requires restaurants or similar retail establishments
with 20 or more locations doing business under the same
name and offering for sale substantially the same menu
items, to disclose specified nutritional information of
the standard menu items, with exceptions.
6. Requires operators of 20 or more vending machines to
provide signs disclosing the number of calories for food
items in the machines when the Nutrition Facts Panel
cannot be viewed by the purchaser.
Existing state law:
1. Establishes the California Retail Food Code (CRFC),
which imposes various health and safety requirements on
restaurants and makes violations of these requirements
subject to criminal penalties.
2. Establishes the authority of local environmental health
jurisdictions to adopt a food safety inspection program
with oversight by the Department of Public Health (DPH).
3. Requires every food facility in this state that operates
under common ownership or control, with at least 19
other food facilities with the same name, that sell
substantially the same menu items, or operates as a
franchised outlet of a parent company with at least 19
other franchises, with the same name, that sell
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substantially the same menu items, to disclose to
consumers specified nutritional information for all
standard menu items by January 1, 2011.
4. Defines "food facility" as a food facility in California
that operates under common ownership or control with at
least 19 other food facilities with the same name that
sell substantially the same menu items, or operates as a
franchised outlet of a parent company with at least 19
other franchises with the same name that sell
substantially the same menu items.
5. Excludes certified farmers' markets, commissaries,
grocery stores, convenience stores, licensed health care
facilities, mobile support units, public and private
school cafeterias, restricted food service facilities,
retail stores in which a majority of sales are from a
pharmacy, and vending machines from the definition of
food facility.
This bill revises the definition of "food facility" to one
that is part of a chain with at least 20 locations doing
business under the same name, regardless of the type of
ownership, that offers for sale substantially the same menu
items.
Background
SB 1420 (Padilla), Chapter 600, Statutes of 2008, requires
every food facility in the state that operates under common
ownership or control or operates as a franchised outlet of
a parent company, with at least 19 other food facilities or
franchises with the same name that sell substantially the
same menu items, to disclose to consumers specified
nutritional information for all standard menu items. The
bill excludes specified facilities, such as grocery stores,
convenience stores, public and private school cafeterias,
and vending machines from these requirements. It also
provides definitions for calorie content information,
drive-through, menu board, and others, for the purpose of
the bill, and describes nutritional information to include
total number of calories, grams of carbohydrates, grams of
saturated fat; and milligrams of sodium.
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SB 1420 was passed into law prior to PPACA, and was
implemented January 1, 2011. One major difference between
PPACA and existing state menu labeling laws is that PPACA
requires operators of 20 or more vending machines to
provide signs disclosing the nutritional for food items in
the machines when the Nutrition Facts Panel cannot be
viewed by the purchaser, whereas state law excludes vending
machines from labeling requirements. Since the FDA has not
finished issuing their menu labeling regulations yet, it is
unknown how closely California laws will match the final
federal regulations. At minimum, state laws on menu
labeling will be superseded by federal law. However,
establishments not covered under the new federal law or its
implementing regulations remain subject to existing state
and local laws.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/16/11)
California Restaurant Association
ARGUMENTS IN SUPPORT : The author introduced this bill to
conform California's menu labeling standards to federal
menu labeling standards. The author states that a previous
bill that initiated menu labeling requirement in
California, SB 1420 (Padilla), Chapter 600, Statutes of
2008, was part of a comprehensive effort to combat the
growing obesity epidemic facing the state and advanced a
nationwide conversation regarding the benefits of menu
labeling. SB 1420 required restaurant chains with 20 or
more locations to provide nutritional information on their
menus and menu boards. In addition, SB 1420 required
restaurant chains with 20 or more locations in California
to make nutritional information, including sodium,
saturated fat, caloric and carbohydrate content available
to customers under specified circumstances.
CTW:mw 5/16/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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