Florida Senate - 2009 SB 2332
By Senator Peaden
2-01528-09 20092332__
1 A bill to be entitled
2 An act relating to obesity prevention; amending s.
3 381.0054, F.S.; providing definitions; requiring the
4 operator of a food service establishment that has five
5 or more locations in the state to conspicuously
6 disclose the number of calories of certain food items
7 served or offered for sale in the food service
8 establishment; providing the manner and requirements
9 for the disclosure; providing exceptions; providing
10 that certain actions constitute a violation of the
11 act; providing immunity from liability for the
12 operator under certain circumstances; providing for
13 the disclosure requirement to be superseded by federal
14 law under certain circumstances; providing for the
15 disclosure requirement to apply to all food service
16 establishments after a specified date; providing an
17 effective date.
18
19 WHEREAS, in 2008 more than 60 percent of adults and 30
20 percent of children in Florida are overweight, and at least half
21 of these persons are obese and have a body mass index greater
22 than 30, and
23 WHEREAS, approximately 60 percent of overweight children
24 have at least one risk factor for cardiovascular disease and 25
25 percent of overweight children have two or more risk factors,
26 and
27 WHEREAS, the incidence of overweight and obese children has
28 tripled in the last 20 years, and
29 WHEREAS, excessive weight affects virtually every organ
30 system in the body, increasing the risk of diabetes, myocardial
31 infarction, stroke, cancer, sleep apnea, osteoarthritis, and
32 WHEREAS, obesity as a cause of death is preventable and
33 more than 40,000 Floridians die annually from obesity-related
34 diseases, and
35 WHEREAS, obesity-related medical expenditures for adults in
36 this state total more than $5 billion yearly, with over half of
37 those costs being financed by Medicare and Medicaid, and the
38 direct economic effects of obesity may be twice this figure when
39 the cost of missed workdays and other costs outside the medical
40 care system are considered, not counting the economic valuation
41 of reduced longevity and quality of life, and
42 WHEREAS, in 2008 almost 50 percent of food dollars were
43 spent away from the home, and according to a recent poll by
44 Peter D. Hart Research Associates, 79 percent of registered
45 voters favor a law that would require restaurants to provide
46 detailed nutritional information in writing, and
47 WHEREAS, the current economic crisis provides a unique
48 opportunity to examine questions of fundamental importance to
49 public health, especially those related to obesity and physical
50 activity, NOW, THEREFORE,
51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. Section 381.0054, Florida Statutes, is amended
55 to read:
56 381.0054 Healthy lifestyles promotion.—
57 (1) The Department of Health shall promote healthy
58 lifestyles to reduce the prevalence of excess weight gain and
59 obesity in Florida by implementing appropriate physical activity
60 and nutrition programs that are directed towards all Floridians
61 by:
62 (a) Using all appropriate media to promote maximum public
63 awareness of the latest research on healthy lifestyles and
64 chronic diseases and disseminating relevant information through
65 a statewide clearinghouse relating to wellness, physical
66 activity, and nutrition and their impact on chronic diseases and
67 disabling conditions.
68 (b) Providing technical assistance, training, and resources
69 on healthy lifestyles and chronic diseases to the public, county
70 health departments, health care providers, school districts, and
71 other persons or entities, including faith-based organizations,
72 that request such assistance to promote physical activity,
73 nutrition, and healthy lifestyle programs.
74 (c) Developing, implementing, and using all available
75 research methods to collect data, including, but not limited to,
76 population-specific data, and track the incidence and effects of
77 weight gain, obesity, and related chronic diseases. The
78 department shall include an evaluation and data collection
79 component in all programs as appropriate.
80 (d) Partnering with the Department of Education, local
81 communities, school districts, and other entities to encourage
82 Florida schools to promote activities during and after school to
83 help students meet a minimum goal of 60 minutes of activity per
84 day.
85 (e) Partnering with the Department of Education, school
86 districts, and the Florida Sports Foundation to develop a
87 program that recognizes schools whose students demonstrate
88 excellent physical fitness or fitness improvement.
89 (f) Collaborating with other state agencies to develop
90 policies and strategies for preventing and treating obesity,
91 which shall be incorporated into programs administered by each
92 agency and shall include promoting healthy lifestyles of
93 employees of each agency.
94 (g) Advising, in accordance with s. 456.081, health care
95 practitioners licensed in this state regarding the morbidity,
96 mortality, and costs associated with the condition of being
97 overweight or obese, informing such practitioners of clinical
98 best practices for preventing and treating obesity, and
99 encouraging practitioners to counsel their patients regarding
100 the adoption of healthy lifestyles.
101 (h) Maximizing all local, state, and federal funding
102 sources, including grants, public-private partnerships, and
103 other mechanisms, to strengthen the department’s current
104 physical activity and nutrition programs and to enhance similar
105 county health department programs.
106
107 This subsection shall be administered contingent on an
108 appropriation in the General Appropriations Act.
109 (2) As used in subsections (3)-(9), the terms:
110 (a) “Consumer queue” means a line of people waiting to
111 purchase food or to be served food in a food service
112 establishment.
113 (b) “Menu” or “menu board” means the primary writing in a
114 food service establishment from which a consumer makes his or
115 her order selection of food.
116 (c) “Reasonable basis” means any reasonable means of
117 determining nutrition information for a food item, as recognized
118 by the federal Food and Drug Administration.
119 (3) The operator of each food service establishment that
120 operates five or more locations in this state, including, but
121 not limited to, a sit-down restaurant, a grocery store or deli
122 that serves food to go, or a quick-service or fast-food
123 restaurant, shall conspicuously disclose at the point of
124 purchase the number of calories in each food item:
125 (a) On a menu board adjacent to the food item or its price;
126 (b) On a sign that lists each food item in a manner similar
127 to the menu board and is located on the same wall as the menu
128 board;
129 (c) On a sign at eye level in the consumer queue before the
130 point of purchase;
131 (d) In the menu adjacent to the food item or its price; or
132 (e) In an insert that accompanies or is attached to the
133 menu.
134 (4) Each menu or menu board in the food service
135 establishment must include a statement that directs the consumer
136 to a location for obtaining additional nutritional information
137 that may be known and available but is not listed on the menus
138 or menu board of the food establishment, including, but not
139 limited to, the amount of sodium, trans fat, saturated fat,
140 cholesterol, carbohydrates, sugars, and protein in each food
141 item.
142 (5) Subsection (3) does not apply to a food item that is:
143 (a) Offered for sale in a nonprofit food service
144 establishment.
145 (b) Served or sold in a food service establishment that
146 serves or offers food for sale less than 30 days within a
147 calendar year.
148 (c) Served for free.
149 (d) Exempted by the State Surgeon General by rule or law.
150 (6) The operator of each food service establishment shall
151 obtain a reasonable basis for determining calorie information
152 for food items sold in the establishment by consulting nutrient
153 databases, cookbooks, laboratory analyses, or other sources,
154 notwithstanding variability in the portion size, formulation,
155 and other characteristics of such food or its preparation
156 method.
157 (7) The operator of a food service establishment violates
158 the requirements of subsection (3) if he or she:
159 (a) Knowingly or willfully fails to make a disclosure
160 required by subsection (3); or
161 (b) Makes a disclosure under subsection (3) with an intent
162 to deceive.
163 (8) An operator of a food service establishment is not
164 liable for any cause of action related to the disclosure
165 requirement provided in subsection (3) unless the operator
166 knowingly and willfully violates subsection (3).
167 (9) The provisions of subsections (3)-(8) are superseded if
168 a federal law is enacted which provides a single, consistent
169 standard of nutrition labeling and accomplishes the same purpose
170 of providing responsible nutritional information to the
171 consumer.
172 (10)(2) The department may adopt rules pursuant to ss.
173 120.536(1) and 120.54 to administer this section.
174 (3) This section shall be implemented contingent on an
175 appropriation in the General Appropriations Act.
176 Section 2. Effective January 1, 2011, s. 381.0054(3)-(9),
177 Florida Statutes, applies to all food service establishments in
178 this state.
179 Section 3. This act shall take effect January 1, 2010.