HB 783

1	A bill to be entitled
2	An act relating to the prevention of obesity; amending s.
3	381.0054, F.S.; providing definitions; authorizing the
4	Department of Health to require certain food service
5	establishments to display the number of calories in food
6	items for sale; providing exemptions; providing penalties;
7	providing immunity from liability under certain
8	circumstances; providing conditions under which such
9	nutritional-information requirements may be superseded by
10	federal law, rules, or regulations; providing
11	applicability; providing an effective date.
12
13	WHEREAS, although death due to obesity is preventable, more
14	than 40,000 Florida residents die annually from obesity-related
15	diseases, and
16	WHEREAS, in 2008, more that 60 percent of the adults and 30
17	percent of the children in Florida were overweight and at least
18	half of this number were obese, with a body mass index greater
19	than 30, and
20	WHEREAS, approximately 60 percent of overweight children
21	have at least one risk factor for cardiovascular disease and 25
22	percent of overweight children have two or more risk factors,
23	and
24	WHEREAS, the number of overweight and obese children has
25	tripled in the last 20 years, and
26	WHEREAS, excessive body weight affects virtually every
27	organ system in the body and increases the risks of diabetes,
28	myocardial infarction, stroke, cancer, sleep apnea, and
29	osteoarthritis, and
30	WHEREAS, obesity-related medical expenditures for adults in
31	this state total more than 5 billion dollars annually, with over
32	half of those costs being financed by Medicare and Medicaid, and
33	the direct economic effects of obesity are far greater than this
34	figure when missed workdays and other costs outside the medical
35	care system and the economic valuation of reduced longevity and
36	quality of life are considered, and
37	WHEREAS, in 2008, almost 50 percent of the money spent on
38	food was spent away from the home and, according to a recent
39	national poll by Peter D. Hart Research Associates, 79 percent
40	of registered voters favor a law that would require restaurants
41	to provide detailed nutritional information in a format
42	available to consumers, and
43	WHEREAS, the current economic crisis provides a unique
44	opportunity to examine questions of fundamental importance to
45	public health, especially those related to obesity and physical
46	activity, and
47	WHEREAS, the Labeling Education and Nutrition Act (LEAN)
48	has been reintroduced into the United States House of
49	Representatives and the United States Senate, NOW, THEREFORE,
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Section 381.0054, Florida Statutes, is amended
54	to read:
55	381.0054  Healthy lifestyles promotion.-
56	(1)  The Department of Health shall promote healthy
57	lifestyles to reduce the prevalence of excess weight gain and
58	obesity in Florida by implementing appropriate physical activity
59	and nutrition programs that are directed towards all Floridians
60	by:
61	(a)  Using all appropriate media to promote maximum public
62	awareness of the latest research on healthy lifestyles and
63	chronic diseases and disseminating relevant information through
64	a statewide clearinghouse relating to wellness, physical
65	activity, and nutrition and their impact on chronic diseases and
66	disabling conditions.
67	(b)  Providing technical assistance, training, and
68	resources on healthy lifestyles and chronic diseases to the
69	public, county health departments, health care providers, school
70	districts, and other persons or entities, including faith-based
71	organizations, that request such assistance to promote physical
72	activity, nutrition, and healthy lifestyle programs.
73	(c)  Developing, implementing, and using all available
74	research methods to collect data, including, but not limited to,
75	population-specific data, and track the incidence and effects of
76	weight gain, obesity, and related chronic diseases. The
77	department shall include an evaluation and data collection
78	component in all programs as appropriate.
79	(d)  Partnering with the Department of Education, local
80	communities, school districts, and other entities to encourage
81	Florida schools to promote activities during and after school to
82	help students meet a minimum goal of 60 minutes of activity per
83	day.
84	(e)  Partnering with the Department of Education, school
85	districts, and the Florida Sports Foundation to develop a
86	program that recognizes schools whose students demonstrate
87	excellent physical fitness or fitness improvement.
88	(f)  Collaborating with other state agencies to develop
89	policies and strategies for preventing and treating obesity,
90	which shall be incorporated into programs administered by each
91	agency and shall include promoting healthy lifestyles of
92	employees of each agency.
93	(g)  Advising, in accordance with s. 456.081, health care
94	practitioners licensed in this state regarding the morbidity,
95	mortality, and costs associated with the condition of being
96	overweight or obese, informing such practitioners of clinical
97	best practices for preventing and treating obesity, and
98	encouraging practitioners to counsel their patients regarding
99	the adoption of healthy lifestyles.
100	(h)  Maximizing all local, state, and federal funding
101	sources, including grants, public-private partnerships, and
102	other mechanisms, to strengthen the department's current
103	physical activity and nutrition programs and to enhance similar
104	county health department programs.
105	(2)  As used in this section, the term:
106	(a)  "Menu" or "menu board" means the primary writing or
107	electronic means on the premises of the food service
108	establishment from which consumers make their order selection.
109	(b)  "Reasonable basis" means using any means of
110	determining nutrition information for a standard food item,
111	including nutrient information for a standard food item provided
112	by nutrient databases, manufacturer's labels, cookbooks,
113	laboratory analyses, and other information offered without an
114	intent to deceive.
115	(c)  "Standard food item" means food offered for sale at
116	least 90 days per calendar year, but the term does not include
117	food not separately offered for sale or food exempt under
118	paragraph (3)(d).
119	(3)  The Department of Health shall require standard food
120	items served or offered for sale at least 90 days per calendar
121	year in a food service establishment, as defined in s.
122	500.03(1)(p), to bear a label or display information that
123	indicates in a clear and conspicuous manner the number of
124	calories in each food item, to be determined within a reasonable
125	basis, as follows:
126	(a)  Calories displayed on a menu board.-The number of
127	calories shall be displayed on the menu board prior to the point
128	of purchase by one of the following means:
129	1.  On a menu board adjacent to the item or its price;
130	2.  On a sign presenting standard food items in a manner
131	similar to the menu board and located on the same wall as the
132	menu board;
133	3.  On a sign at eye level in the consumer queue prior to
134	the point of purchase; or
135	4.  By electronic means accessible to the consumer.
136	(b)  Calories displayed on a menu.-The number of calories
137	shall be displayed on the menu prior to the point of purchase by
138	one of the following means:
139	1.  In the menu adjacent to the item or its price; or
140	2.  In an insert that accompanies or is attached to the
141	menu.
142	(c)  Referral statement.-A menu or a menu board shall bear
143	a statement directing the consumer to the location of additional
144	nutritional information that may be known and available but not
145	required, including, but not limited to, the amount of sodium,
146	trans fat, saturated fat, cholesterol, carbohydrates, sugars,
147	and protein in each food item.
148	(d)  Applicability.-This subsection does not apply to:
149	1.  Food offered for sale at a not-for-profit food
150	establishment.
151	2.  Food offered at no cost.
152	3.  Food exempted by the State Surgeon General by rule.
153	(e)  One determination per item.-A reasonable basis for
154	determination of nutrition information may be made with
155	appropriate accuracy by consulting nutrient databases,
156	manufacturer's labels, cookbooks, laboratory analyses, or other
157	sources that provide a reasonable basis of information regarding
158	the nutrient content of a food, notwithstanding variability in
159	the portion size, formulation, and other characteristics of such
160	food or its preparation method.
161	(f)  Penalty.-The department shall enforce this section
162	during routine inspections of food service establishments and a
163	warning notice shall be given for:
164	1.  Failing to make a disclosure required by this
165	subsection; or
166	2.  Making a disclosure under this section with an intent
167	to deceive.
168
169	If the food service establishment does not correct the
170	deficiency within 90 days after receiving the warning notice, an
171	administrative fine of $100 per day shall be assessed beginning
172	on the 91st day after notification until the food service
173	establishment is in compliance with the requirements of this
174	section.
175	(g)  Liability.-Unless a food service establishment
176	knowingly and willfully violates paragraph (f), the
177	establishment may not be held liable.
178	(4)(2)  The department may adopt rules pursuant to ss.
179	120.536(1) and 120.54 to administer this section.
180	(5)(3)  Subsection (1) This section shall be implemented
181	contingent on an appropriation in the General Appropriations
182	Act.
183	(6)  Subsection (3) may be superseded by federal law if a
184	single, consistent national nutrition labeling standard is
185	established under federal law, rules, or regulations that
186	accomplish the same purpose of providing responsible nutritional
187	information to the consumer. Any restaurant may provide more
188	information than is required under subsection (3) without
189	penalty as long as the caloric information is included.
190	Section 2.  This act shall take effect January 1, 2011,
191	and, from January 1, 2011, through December 31, 2011, shall
192	apply to all food service establishments having 20 or more
193	separate establishments in the state, and, on January 1, 2012,
194	and thereafter, shall apply to all food service establishments
195	in the state.

CODING: Words stricken are deletions; words underlined are additions.