Florida Senate - 2009 SB 2590
By Senator Siplin
19-01900-09 20092590__
1 A bill to be entitled
2 An act relating to nutrition labeling in restaurants;
3 creating s. 509.321, F.S.; providing definitions;
4 requiring certain restaurants to provide nutritional
5 labeling of standard food items by a certain date;
6 providing that the requirements of the act do not
7 create civil liability and are enforceable only by the
8 Division of Hotels and Restaurants of the Department
9 of Business and Professional Regulation as part of its
10 regular restaurant inspection program; providing that
11 the act preempts any related municipal or county
12 ordinance; providing fines for violations; authorizing
13 the division to adopt rules; providing an effective
14 date.
15
16 WHEREAS, over the past two decades, there has been a
17 significant increase in the number of meals prepared or eaten
18 outside the home, with an estimated one-third of calories being
19 consumed in, and almost one-half of total food dollars being
20 spent on, food purchased from or eaten at restaurants and other
21 food facilities, and
22 WHEREREAS, increased caloric intake is a key factor
23 contributing to the alarming increase in obesity in the United
24 States, and according to the Centers for Disease Control and
25 Prevention, two-thirds of American adults are overweight or
26 obese, and the rates of obesity have tripled in children and
27 teens since 1980, and
28 WHEREAS, obesity increases the risk of diabetes, heart
29 disease, stroke, some cancers, and other health problems, which
30 significantly contributes to health care costs, and
31 WHEREAS, broader availability of nutrition information
32 regarding foods served at restaurants and other food service
33 establishments would allow customers to make more informed
34 decisions about the food they purchase and consume, and
35 WHEREAS, three-quarters of American adults report using
36 food labels on packaged foods, which are required by the federal
37 Nutrition Labeling and Education Act of 1990, and
38 WHEREAS, availability of nutrition information regarding
39 restaurant food assists consumers who are monitoring their diets
40 or dealing with chronic diseases, such as cardiovascular disease
41 and diabetes, and
42 WHEREAS, consumers should be provided with point-of
43 purchase access to nutritional information when eating at
44 certain food facilities in order to make informed decisions
45 involving their health and diet, and
46 WHEREAS, it is the intent of the Legislature to provide
47 consumers with better access to nutritional information about
48 prepared foods sold at food facilities so that consumers can
49 understand the nutritional value of available foods, NOW,
50 THEREFORE,
51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. Section 509.321, Florida Statutes, is created to
55 read:
56 509.321 Restaurant nutrition labeling.—
57 (1) As used in this section, the term:
58 (a) “Food facility” means a public food service
59 establishment that operates under common ownership or control,
60 or as a franchised outlet of a parent company, along with at
61 least 19 other food facilities that have the same name in this
62 state and that offer for sale substantially the same menu items.
63 (b) “Calorie content information” means the total number of
64 calories per standard menu item as that item is usually prepared
65 and offered for sale.
66 (c) “Drive-through” means an area where a customer may
67 provide an order for and receive standard menu items while
68 occupying a motor vehicle.
69 (d) “Menu board” means a posted list or pictorial display
70 of food or beverage items offered for sale by a food facility.
71 (e) “Nutritional information” includes, but is not limited
72 to, all of the following, per standard menu item, as that item
73 is usually prepared and offered for sale:
74 1. Total number of calories.
75 2. Total number of grams of carbohydrates.
76 3. Total number of grams of saturated fat.
77 4. Total number of milligrams of sodium.
78 (f) “Point of sale” means the location where a customer
79 makes an order.
80 (g) “Standard menu item” means a food or beverage item
81 offered for sale by a food facility through a menu, menu board,
82 or display tag at least 180 days per calendar year, except that
83 the term does not include:
84 1. A food item that is customized on a case-by-case basis
85 in response to an unsolicited customer request.
86 2. An alcoholic beverage, the labeling of which is not
87 regulated by the federal Food and Drug Administration.
88 3. A packaged food otherwise subject to the nutrition
89 labeling requirements of the federal Nutrition Labeling and
90 Education Act of 1990.
91 4. A food item when served at a consumer self-service salad
92 bar.
93 5. A food or beverage item when served at a consumer self
94 service buffet.
95 (h) “Reasonable basis” means any reasonable means
96 recognized by the federal Food and Drug Administration of
97 determining nutritional information, as well as calorie content
98 information, for a standard menu item, as usually prepared and
99 offered for sale, including, but not limited to, nutrient
100 databases and laboratory analyses.
101 (i) “Appetizer” means a food item generally served before
102 the food item that is regarded as the primary food item in a
103 meal. The term includes a first course, starter, or small plate
104 item.
105 (j) “Dessert” means a food item generally served after the
106 food item that is generally regarded as the primary food item in
107 a meal. The term includes, but is not limited to, cakes,
108 pastries, pies, ice cream and food items that contain ice cream,
109 confections, and other sweets.
110 (2) Effective January 1, 2010:
111 (a) A food facility that does not provide sit-down service
112 shall disclose nutritional information in a clear and
113 conspicuous manner on a brochure that is made available at the
114 point of sale before or during the placement of an order.
115 (b) A food facility that provides sit-down service shall
116 provide the nutritional information in a clear and conspicuous
117 size and typeface on at least one of the following:
118 1. A brochure available on the table.
119 2. A menu next to each standard menu item.
120 3. A menu under an index section that is separate from the
121 listing of standard menu items.
122 4. A menu insert.
123 5. A table tent on the table.
124 (c) A food facility that has a drive-through area and uses
125 a menu board to display or list standard menu items at the point
126 of sale shall, for purposes of the drive-through area only,
127 disclose the nutritional information in a clear and conspicuous
128 manner on a brochure that is available upon request, and shall
129 conspicuously display a notice at the point of sale which reads:
130 “NUTRITION INFORMATION IS AVAILABLE UPON REQUEST.”
131 (3) Effective July 1, 2010:
132 (a) A food facility that provides a menu shall disclose
133 calorie content information for a standard menu item next to the
134 item on the menu in a size and typeface that is clear and
135 conspicuous.
136 (b) A food facility that uses an indoor menu board shall
137 disclose calorie content information for a standard menu item
138 next to the item on the menu board in a size and typeface that
139 is clear and conspicuous.
140 (c) A food facility that uses a display tag as an
141 alternative to a menu or menu board to describe a standard menu
142 item that is displayed for sale in a display case shall disclose
143 calorie content information for that standard menu item on the
144 display tag for that item in a size and typeface that is clear
145 and conspicuous.
146 (4) For the purposes of subsection (3), the disclosure of
147 calorie content information on a menu or menu board next to a
148 standard menu item which is a combination of at least two
149 standard menu items must, based upon all possible combinations
150 for that standard menu item, include both the minimum and
151 maximum amount of calories for the calorie content information.
152 If there is only one possible total amount of calories, the
153 total must be disclosed.
154 (5) For purposes of subsection (3), the disclosure of
155 calorie content information on a menu or menu board next to a
156 standard menu item that is not an appetizer or dessert, but is
157 intended to serve more than one individual, must include:
158 (a) The number of individuals intended to be served by the
159 standard menu item; and
160 (b) The calorie content information per individual serving.
161 If the standard menu item is a combination of at least two
162 standard menu items, the disclosure must, based upon all
163 possible combinations for that item, include both the minimum
164 and maximum amount of calories for the calorie count
165 information. If there is only one possible total amount of
166 calories, the total must be disclosed.
167 (6) The nutritional information required by this section
168 shall be determined on a reasonable basis. Such determination is
169 required only once per standard menu item if the portion size is
170 reasonably consistent and the food facility follows a
171 standardized recipe and trains its employees to follow a
172 consistent method of preparation.
173 (7) Each brochure provided pursuant to this section shall
174 include the statement: “Recommended limits for a 2,000 calorie
175 daily diet are 20 grams of saturated fat and 2,300 milligrams of
176 sodium.”
177 (8) Menus and menu boards may include a disclaimer that
178 there may be variations in nutritional content across servings,
179 based on variations in overall size and quantities of
180 ingredients, and based on special ordering.
181 (9) This section does not create or enhance any claim,
182 right of action, or civil liability that did not previously
183 exist under state law or limit any claim, right of action, or
184 civil liability that otherwise exists under state law. The only
185 enforcement mechanism of the section is pursuant to subsection
186 (12).
187 (10) This section does not preclude a food facility from
188 voluntarily providing nutritional information in addition to the
189 requirements of this section.
190 (11) To the extent consistent with federal law, this
191 section expressly preempts any requirement relating to the
192 labeling of nutritional information in food facilities to the
193 state and supersedes any municipal or county ordinance
194 regulating the subject.
195 (12) The provisions of this section shall be enforced by
196 the division as part of its regular inspection of public food
197 service establishments. A food facility that violates this
198 section is subject to a fine of not less than $50 or more than
199 $500 as established by the division by rule.
200 (13) The division may adopt rules to administer this
201 section.
202 Section 2. This act shall take effect July 1, 2009.