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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S00428 Summary: BILL NO S00428A &nbsp SAME AS SAME AS A05207-A

&nbsp SPONSOR RIVERA &nbsp COSPNSR JACKSON, KAVANAGH, LIU, SEPULVEDA &nbsp MLTSPNSR &nbsp Add §1358, Pub Health L &nbsp Requires chain restaurants to place an icon on menus next to food items that have a high content of sodium.

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STATE OF NEW YORK ________________________________________________________________________

428--A

2025-2026 Regular Sessions

IN SENATE

(Prefiled)

January 8, 2025 ___________

Introduced by Sens. RIVERA, JACKSON, KAVANAGH, LIU, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee

AN ACT to amend the public health law, in relation to requiring chain restaurants to label menu items that have a high content of sodium

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. The public health law is amended by adding a new section 2 1358 to read as follows: 3 § 1358. Chain restaurants; sodium content of menu items. 1. Defi- 4 nitions. For purposes of this section the following terms shall have the 5 following meanings: 6 a. "Chain menu developer" means the person that owns and licenses the 7 brand name under which a chain restaurant does business, or any other 8 person responsible for determining the formula or recipe for items 9 displayed on the menu of a chain restaurant. 10 b. "Chain restaurant" means a food service establishment, as defined 11 in part fourteen of the New York sanitary code 10 NYCRR 14-1.20, that is 12 part of a chain with fifteen or more locations within the state doing 13 business under the same name, regardless of the type of ownership of the 14 locations, and offering for sale substantially similar menu items. 15 c. "Daily value" means the daily reference value used by the United 16 States Food and Drug Administration in calculating the percent daily 17 value for nutrition information provided on food labels. 18 d. "Menu or menu board" means the primary writing of a food service 19 establishment from which a customer makes an order selection, including, 20 but not limited to, breakfast, lunch, and dinner menus; dessert menus;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01666-03-6

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1 beverage menus; children's menus; other specialty menus; electronic 2 menus; and menus on the internet. 3 e. "Standard menu item" means a food or beverage item offered for sale 4 by a chain restaurant that is listed on a menu or menu board, including 5 a variable food or beverage item that comes in different flavors, varie- 6 ties, or combinations and is listed as a single item. Standard menu 7 item includes any combination meal for which any combination of food or 8 beverage items available to the consumer exceeds the daily value for 9 sodium. Standard menu item includes temporary menu items appearing on 10 the menu for less than a total of sixty consecutive and non-consecutive 11 days per calendar year. 12 2. Industry guidance. No later than one year after the effective date 13 of this section, the department shall publish guidance explaining the 14 requirements of this section and how businesses can comply. 15 3. Sodium warning icon. No later than one year after the effective 16 date of this section, the department shall develop an icon with accompa- 17 nying text that shall be displayed adjacent to the name of any standard 18 menu item that exceeds the daily value for sodium. Beginning two years 19 after the effective date of this section any chain restaurant operating 20 within the state and not otherwise exempted under subdivision seven of 21 this section shall display on menus or menu boards: 22 a. The sodium warning icon and accompanying text promulgated by the 23 department pursuant to this subdivision, at a height no smaller than the 24 largest letter in the name of the item; and 25 b. The following factual statement explaining the sodium warning icon: 26 "Warning (insert icon image and accompanying text here) indicates that 27 the sodium (salt) content of this item is higher than the total daily 28 recommended limit (2300 mg). High sodium intake can increase blood pres- 29 sure and the risk of heart disease and stroke." 30 4. Chain menu developer reporting requirement. Once every ninety 31 days, each chain menu developer shall report to the department the 32 amount of sodium in each standard menu item offered for sale in their 33 chain restaurant, or that no changes to the menu information have been 34 made since the last report. 35 5. Report required. No later than six years after the effective date 36 of this section, the department shall issue a report reviewing evidence 37 of the impact of this section on menu item reformulation and consumer 38 behavior, and recommend additional nutrients that should be considered 39 for menu warning icons. 40 6. Violations. Any chain restaurant that violates the provisions of 41 this section shall be subject to a civil penalty of not more than two 42 hundred fifty dollars per day for each location not in compliance. 43 7. Exemptions. The sodium warning icon required pursuant to subdivi- 44 sion three of this section shall not be required to be displayed next to 45 a menu item that is already labeled with a sodium icon equal or greater 46 in size and similar in general appearance, when such icon is required 47 pursuant to a rule, regulation, ordinance, local law, order or policy 48 issued by another jurisdiction having the same or substantially similar 49 effect as determined by the commissioner. Food service establishments 50 exempted from the sodium warning labeling requirement by this subdivi- 51 sion shall be used in determining if a particular food service estab- 52 lishment is a chain restaurant. 53 § 2. Severability. If any provision of this act, or any application of 54 any provision of this act, is held to be invalid, or to violate or be 55 inconsistent with any federal law or regulation, that shall not affect 56 the validity or effectiveness of any other provision of this act, or of

S. 428--A 3

1 any other application of any provision of this act, which can be given 2 effect without that provision or application; and to that end, the 3 provisions and applications of this act are severable. 4 § 3. This act shall take effect immediately.

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