Amended IN Senate March 21, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1192Introduced by Senator MonningFebruary 15, 2018 An act to amend Section 114094 add Chapter 12.8 (commencing with Section 114379) to Part 7 of Division 104 of the Health and Safety Code, relating to food facilities. childrens health.LEGISLATIVE COUNSEL'S DIGESTSB 1192, as amended, Monning. Food facilities. Childrens meals.Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. Existing law requires a food facility that is subject to specified federal law or state law relating to nutritional information and calorie content disclosure requirements to comply with the federal disclosure requirements and the regulations adopted pursuant to those requirements. Under existing law, a person who violates any provision of the code is guilty of a misdemeanor with each offense punishable by a fine of not less than $25 or more than $1,000, or by imprisonment in a county jail for a term not exceeding 6 months, or by both that fine and imprisonment.This bill would make technical, nonsubstantive changes to that provision.This bill would require a restaurant, as defined, that sells a childrens meal that includes a beverage, to make the default beverage water, sparkling water, or flavored water, as specified, or nonfat or 1% milk or a nondairy milk alternative, as specified. The bill would not restrict a restaurants ability to sell, or a customers ability to purchase, an alternative beverage if the purchaser requests one. The bill would make a violation of its provisions an infraction, punishable by a fine of not less than $50 nor more than $500, and would prescribe additional fines for subsequent violations. By imposing additional duties on local law enforcement agencies and by creating a new crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) From 1990 to 2016, inclusive, the obesity rate in California increased by 250 percent. While the increase was greatest from 1990 until 2003, recent trends suggest a continued increase in obesity among children. In 2009, 10.9 percent of children zero to five years of age, inclusive, and 12.2 percent of children six to 11 years of age, inclusive, were overweight. In 2015, the percentage of children who were overweight or obese for their age increased in both groups to 13.7 percent for children zero to five years of age, inclusive, and 16 percent for children six to 11 years of age, inclusive.(b) Obese children are at least twice as likely as nonobese children to become obese adults. Obese children and adults are at greater risk for numerous adverse health consequences, including type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, depression, and other debilitating diseases.(c) In California, 55 percent of adults have prediabetes or diabetes, including 33 percent of young adults 18 to 39 years of age, inclusive.(d) Obesity-related health conditions have serious economic costs. The medical burden of obesity in the United States is about $147 billion annually, or almost 10 percent of all medical spending. Roughly one-half of these costs are paid through Medicare and Medicaid, which means that taxpayers assume much of the economic responsibility. Medicare and Medicaid spending would be reduced by 8.5 percent and 11.8 percent, respectively, in the absence of obesity-related spending. Obesity-related annual medical expenditures in California are estimated at $9.1 billion.(e) Many families lack adequate time to obtain and prepare healthy food, making dining out an appealing and often necessary option. As a result, more than one-half of food expenditures in the United States are spent outside the home. Nationwide, American children eat 25 percent of their calories at fast food and other restaurants. Children consume almost twice as many calories when they eat a meal at a restaurant as they do when they eat at home.(f) By enacting this act, it is the intent of the Legislature to support parents efforts to feed their children nutritiously by ensuring healthy beverages are the default options in childrens meals in restaurants.SEC. 2. Chapter 12.8 (commencing with Section 114379) is added to Part 7 of Division 104 of the Health and Safety Code, to read: CHAPTER 12.8. Childrens Meals114379. The purpose of this chapter is to support childrens health by setting nutritional standards for a restaurants childrens meals.114379.10. For purposes of this chapter, the following terms have the following meanings:(a) Childrens meal means a combination of food items and a beverage, or a single food item and a beverage, sold together at a single price, primarily intended for consumption by a child.(b) Default beverage means the beverage automatically included or offered as part of a childrens meal, absent a specific request by the purchaser of the childrens meal for an alternative beverage.(c) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.114379.20. A restaurant that sells a childrens meal shall make the default beverage offered with the childrens meal one of the following:(a) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners.(b) Nonfat or 1 percent milk or a nondairy milk alternative that contains no more than 130 calories per container or serving.114379.30. This chapter does not prohibit a restaurants ability to sell, or a customers ability to purchase, an alternative beverage instead of the default beverage offered with the childrens meal, if requested by the purchaser of the childrens meal.114379.40. The local enforcement agency, as set forth in Section 113713, shall implement, administer, and enforce this chapter. The department may issue rules and regulations as necessary to carry out the purposes of this chapter.114379.50. A violation of this chapter is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.114379.60. This chapter shall be construed so as not to conflict with any federal or state law, rule, or regulation. This chapter does not authorize a local agency to impose any duty or obligation in conflict with a limitation on a local authority established by a federal or state law. If a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Legislature that the court or agency sever the clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 114094 of the Health and Safety Code is amended to read:114094.(a)A food facility subject to Section 343(q)(5)(H) of Title 21 of the United States Code or subject to this section as it read on July 1, 2011, shall comply with the requirements of that section of the United States Code and the regulations adopted pursuant thereto.(b)Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)), and to the extent permitted by federal law, both of the following shall apply:(1)Enforcement of this section shall be made pursuant to Section 113713.(2)(A)A violation of this section is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall not be less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A food facility shall not be found to have committed a violation under this paragraph more than once during an inspection visit.(B)Alternatively, the enforcement agency may assess a civil penalty of an amount that is no less than or greater than the amounts specified for fines in this paragraph.(c)Except for the civil penalties authorized by this section, this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not exist under state law prior to January 1, 2009, or limit any claim, right of action, or civil liability that otherwise existed under state law prior to January 1, 2009. The only enforcement mechanism of this section is the department or local enforcement agency, as set forth in Section 113713.(d)This section shall become operative only on and after the compliance date specified in the federal regulation implementing Section 343(q)(5)(H) of Title 21 of the United States Code.
Amended IN Senate March 21, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1192Introduced by Senator MonningFebruary 15, 2018 An act to amend Section 114094 add Chapter 12.8 (commencing with Section 114379) to Part 7 of Division 104 of the Health and Safety Code, relating to food facilities. childrens health.LEGISLATIVE COUNSEL'S DIGESTSB 1192, as amended, Monning. Food facilities. Childrens meals.Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. Existing law requires a food facility that is subject to specified federal law or state law relating to nutritional information and calorie content disclosure requirements to comply with the federal disclosure requirements and the regulations adopted pursuant to those requirements. Under existing law, a person who violates any provision of the code is guilty of a misdemeanor with each offense punishable by a fine of not less than $25 or more than $1,000, or by imprisonment in a county jail for a term not exceeding 6 months, or by both that fine and imprisonment.This bill would make technical, nonsubstantive changes to that provision.This bill would require a restaurant, as defined, that sells a childrens meal that includes a beverage, to make the default beverage water, sparkling water, or flavored water, as specified, or nonfat or 1% milk or a nondairy milk alternative, as specified. The bill would not restrict a restaurants ability to sell, or a customers ability to purchase, an alternative beverage if the purchaser requests one. The bill would make a violation of its provisions an infraction, punishable by a fine of not less than $50 nor more than $500, and would prescribe additional fines for subsequent violations. By imposing additional duties on local law enforcement agencies and by creating a new crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 21, 2018
Amended IN Senate March 21, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1192
Introduced by Senator MonningFebruary 15, 2018
Introduced by Senator Monning
February 15, 2018
An act to amend Section 114094 add Chapter 12.8 (commencing with Section 114379) to Part 7 of Division 104 of the Health and Safety Code, relating to food facilities. childrens health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1192, as amended, Monning. Food facilities. Childrens meals.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. Existing law requires a food facility that is subject to specified federal law or state law relating to nutritional information and calorie content disclosure requirements to comply with the federal disclosure requirements and the regulations adopted pursuant to those requirements. Under existing law, a person who violates any provision of the code is guilty of a misdemeanor with each offense punishable by a fine of not less than $25 or more than $1,000, or by imprisonment in a county jail for a term not exceeding 6 months, or by both that fine and imprisonment.This bill would make technical, nonsubstantive changes to that provision.This bill would require a restaurant, as defined, that sells a childrens meal that includes a beverage, to make the default beverage water, sparkling water, or flavored water, as specified, or nonfat or 1% milk or a nondairy milk alternative, as specified. The bill would not restrict a restaurants ability to sell, or a customers ability to purchase, an alternative beverage if the purchaser requests one. The bill would make a violation of its provisions an infraction, punishable by a fine of not less than $50 nor more than $500, and would prescribe additional fines for subsequent violations. By imposing additional duties on local law enforcement agencies and by creating a new crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. Existing law requires a food facility that is subject to specified federal law or state law relating to nutritional information and calorie content disclosure requirements to comply with the federal disclosure requirements and the regulations adopted pursuant to those requirements. Under existing law, a person who violates any provision of the code is guilty of a misdemeanor with each offense punishable by a fine of not less than $25 or more than $1,000, or by imprisonment in a county jail for a term not exceeding 6 months, or by both that fine and imprisonment.
This bill would make technical, nonsubstantive changes to that provision.
This bill would require a restaurant, as defined, that sells a childrens meal that includes a beverage, to make the default beverage water, sparkling water, or flavored water, as specified, or nonfat or 1% milk or a nondairy milk alternative, as specified. The bill would not restrict a restaurants ability to sell, or a customers ability to purchase, an alternative beverage if the purchaser requests one. The bill would make a violation of its provisions an infraction, punishable by a fine of not less than $50 nor more than $500, and would prescribe additional fines for subsequent violations. By imposing additional duties on local law enforcement agencies and by creating a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) From 1990 to 2016, inclusive, the obesity rate in California increased by 250 percent. While the increase was greatest from 1990 until 2003, recent trends suggest a continued increase in obesity among children. In 2009, 10.9 percent of children zero to five years of age, inclusive, and 12.2 percent of children six to 11 years of age, inclusive, were overweight. In 2015, the percentage of children who were overweight or obese for their age increased in both groups to 13.7 percent for children zero to five years of age, inclusive, and 16 percent for children six to 11 years of age, inclusive.(b) Obese children are at least twice as likely as nonobese children to become obese adults. Obese children and adults are at greater risk for numerous adverse health consequences, including type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, depression, and other debilitating diseases.(c) In California, 55 percent of adults have prediabetes or diabetes, including 33 percent of young adults 18 to 39 years of age, inclusive.(d) Obesity-related health conditions have serious economic costs. The medical burden of obesity in the United States is about $147 billion annually, or almost 10 percent of all medical spending. Roughly one-half of these costs are paid through Medicare and Medicaid, which means that taxpayers assume much of the economic responsibility. Medicare and Medicaid spending would be reduced by 8.5 percent and 11.8 percent, respectively, in the absence of obesity-related spending. Obesity-related annual medical expenditures in California are estimated at $9.1 billion.(e) Many families lack adequate time to obtain and prepare healthy food, making dining out an appealing and often necessary option. As a result, more than one-half of food expenditures in the United States are spent outside the home. Nationwide, American children eat 25 percent of their calories at fast food and other restaurants. Children consume almost twice as many calories when they eat a meal at a restaurant as they do when they eat at home.(f) By enacting this act, it is the intent of the Legislature to support parents efforts to feed their children nutritiously by ensuring healthy beverages are the default options in childrens meals in restaurants.SEC. 2. Chapter 12.8 (commencing with Section 114379) is added to Part 7 of Division 104 of the Health and Safety Code, to read: CHAPTER 12.8. Childrens Meals114379. The purpose of this chapter is to support childrens health by setting nutritional standards for a restaurants childrens meals.114379.10. For purposes of this chapter, the following terms have the following meanings:(a) Childrens meal means a combination of food items and a beverage, or a single food item and a beverage, sold together at a single price, primarily intended for consumption by a child.(b) Default beverage means the beverage automatically included or offered as part of a childrens meal, absent a specific request by the purchaser of the childrens meal for an alternative beverage.(c) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.114379.20. A restaurant that sells a childrens meal shall make the default beverage offered with the childrens meal one of the following:(a) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners.(b) Nonfat or 1 percent milk or a nondairy milk alternative that contains no more than 130 calories per container or serving.114379.30. This chapter does not prohibit a restaurants ability to sell, or a customers ability to purchase, an alternative beverage instead of the default beverage offered with the childrens meal, if requested by the purchaser of the childrens meal.114379.40. The local enforcement agency, as set forth in Section 113713, shall implement, administer, and enforce this chapter. The department may issue rules and regulations as necessary to carry out the purposes of this chapter.114379.50. A violation of this chapter is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.114379.60. This chapter shall be construed so as not to conflict with any federal or state law, rule, or regulation. This chapter does not authorize a local agency to impose any duty or obligation in conflict with a limitation on a local authority established by a federal or state law. If a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Legislature that the court or agency sever the clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 114094 of the Health and Safety Code is amended to read:114094.(a)A food facility subject to Section 343(q)(5)(H) of Title 21 of the United States Code or subject to this section as it read on July 1, 2011, shall comply with the requirements of that section of the United States Code and the regulations adopted pursuant thereto.(b)Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)), and to the extent permitted by federal law, both of the following shall apply:(1)Enforcement of this section shall be made pursuant to Section 113713.(2)(A)A violation of this section is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall not be less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A food facility shall not be found to have committed a violation under this paragraph more than once during an inspection visit.(B)Alternatively, the enforcement agency may assess a civil penalty of an amount that is no less than or greater than the amounts specified for fines in this paragraph.(c)Except for the civil penalties authorized by this section, this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not exist under state law prior to January 1, 2009, or limit any claim, right of action, or civil liability that otherwise existed under state law prior to January 1, 2009. The only enforcement mechanism of this section is the department or local enforcement agency, as set forth in Section 113713.(d)This section shall become operative only on and after the compliance date specified in the federal regulation implementing Section 343(q)(5)(H) of Title 21 of the United States Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) From 1990 to 2016, inclusive, the obesity rate in California increased by 250 percent. While the increase was greatest from 1990 until 2003, recent trends suggest a continued increase in obesity among children. In 2009, 10.9 percent of children zero to five years of age, inclusive, and 12.2 percent of children six to 11 years of age, inclusive, were overweight. In 2015, the percentage of children who were overweight or obese for their age increased in both groups to 13.7 percent for children zero to five years of age, inclusive, and 16 percent for children six to 11 years of age, inclusive.(b) Obese children are at least twice as likely as nonobese children to become obese adults. Obese children and adults are at greater risk for numerous adverse health consequences, including type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, depression, and other debilitating diseases.(c) In California, 55 percent of adults have prediabetes or diabetes, including 33 percent of young adults 18 to 39 years of age, inclusive.(d) Obesity-related health conditions have serious economic costs. The medical burden of obesity in the United States is about $147 billion annually, or almost 10 percent of all medical spending. Roughly one-half of these costs are paid through Medicare and Medicaid, which means that taxpayers assume much of the economic responsibility. Medicare and Medicaid spending would be reduced by 8.5 percent and 11.8 percent, respectively, in the absence of obesity-related spending. Obesity-related annual medical expenditures in California are estimated at $9.1 billion.(e) Many families lack adequate time to obtain and prepare healthy food, making dining out an appealing and often necessary option. As a result, more than one-half of food expenditures in the United States are spent outside the home. Nationwide, American children eat 25 percent of their calories at fast food and other restaurants. Children consume almost twice as many calories when they eat a meal at a restaurant as they do when they eat at home.(f) By enacting this act, it is the intent of the Legislature to support parents efforts to feed their children nutritiously by ensuring healthy beverages are the default options in childrens meals in restaurants.
SECTION 1. The Legislature finds and declares all of the following:(a) From 1990 to 2016, inclusive, the obesity rate in California increased by 250 percent. While the increase was greatest from 1990 until 2003, recent trends suggest a continued increase in obesity among children. In 2009, 10.9 percent of children zero to five years of age, inclusive, and 12.2 percent of children six to 11 years of age, inclusive, were overweight. In 2015, the percentage of children who were overweight or obese for their age increased in both groups to 13.7 percent for children zero to five years of age, inclusive, and 16 percent for children six to 11 years of age, inclusive.(b) Obese children are at least twice as likely as nonobese children to become obese adults. Obese children and adults are at greater risk for numerous adverse health consequences, including type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, depression, and other debilitating diseases.(c) In California, 55 percent of adults have prediabetes or diabetes, including 33 percent of young adults 18 to 39 years of age, inclusive.(d) Obesity-related health conditions have serious economic costs. The medical burden of obesity in the United States is about $147 billion annually, or almost 10 percent of all medical spending. Roughly one-half of these costs are paid through Medicare and Medicaid, which means that taxpayers assume much of the economic responsibility. Medicare and Medicaid spending would be reduced by 8.5 percent and 11.8 percent, respectively, in the absence of obesity-related spending. Obesity-related annual medical expenditures in California are estimated at $9.1 billion.(e) Many families lack adequate time to obtain and prepare healthy food, making dining out an appealing and often necessary option. As a result, more than one-half of food expenditures in the United States are spent outside the home. Nationwide, American children eat 25 percent of their calories at fast food and other restaurants. Children consume almost twice as many calories when they eat a meal at a restaurant as they do when they eat at home.(f) By enacting this act, it is the intent of the Legislature to support parents efforts to feed their children nutritiously by ensuring healthy beverages are the default options in childrens meals in restaurants.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) From 1990 to 2016, inclusive, the obesity rate in California increased by 250 percent. While the increase was greatest from 1990 until 2003, recent trends suggest a continued increase in obesity among children. In 2009, 10.9 percent of children zero to five years of age, inclusive, and 12.2 percent of children six to 11 years of age, inclusive, were overweight. In 2015, the percentage of children who were overweight or obese for their age increased in both groups to 13.7 percent for children zero to five years of age, inclusive, and 16 percent for children six to 11 years of age, inclusive.
(b) Obese children are at least twice as likely as nonobese children to become obese adults. Obese children and adults are at greater risk for numerous adverse health consequences, including type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, depression, and other debilitating diseases.
(c) In California, 55 percent of adults have prediabetes or diabetes, including 33 percent of young adults 18 to 39 years of age, inclusive.
(d) Obesity-related health conditions have serious economic costs. The medical burden of obesity in the United States is about $147 billion annually, or almost 10 percent of all medical spending. Roughly one-half of these costs are paid through Medicare and Medicaid, which means that taxpayers assume much of the economic responsibility. Medicare and Medicaid spending would be reduced by 8.5 percent and 11.8 percent, respectively, in the absence of obesity-related spending. Obesity-related annual medical expenditures in California are estimated at $9.1 billion.
(e) Many families lack adequate time to obtain and prepare healthy food, making dining out an appealing and often necessary option. As a result, more than one-half of food expenditures in the United States are spent outside the home. Nationwide, American children eat 25 percent of their calories at fast food and other restaurants. Children consume almost twice as many calories when they eat a meal at a restaurant as they do when they eat at home.
(f) By enacting this act, it is the intent of the Legislature to support parents efforts to feed their children nutritiously by ensuring healthy beverages are the default options in childrens meals in restaurants.
SEC. 2. Chapter 12.8 (commencing with Section 114379) is added to Part 7 of Division 104 of the Health and Safety Code, to read: CHAPTER 12.8. Childrens Meals114379. The purpose of this chapter is to support childrens health by setting nutritional standards for a restaurants childrens meals.114379.10. For purposes of this chapter, the following terms have the following meanings:(a) Childrens meal means a combination of food items and a beverage, or a single food item and a beverage, sold together at a single price, primarily intended for consumption by a child.(b) Default beverage means the beverage automatically included or offered as part of a childrens meal, absent a specific request by the purchaser of the childrens meal for an alternative beverage.(c) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.114379.20. A restaurant that sells a childrens meal shall make the default beverage offered with the childrens meal one of the following:(a) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners.(b) Nonfat or 1 percent milk or a nondairy milk alternative that contains no more than 130 calories per container or serving.114379.30. This chapter does not prohibit a restaurants ability to sell, or a customers ability to purchase, an alternative beverage instead of the default beverage offered with the childrens meal, if requested by the purchaser of the childrens meal.114379.40. The local enforcement agency, as set forth in Section 113713, shall implement, administer, and enforce this chapter. The department may issue rules and regulations as necessary to carry out the purposes of this chapter.114379.50. A violation of this chapter is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.114379.60. This chapter shall be construed so as not to conflict with any federal or state law, rule, or regulation. This chapter does not authorize a local agency to impose any duty or obligation in conflict with a limitation on a local authority established by a federal or state law. If a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Legislature that the court or agency sever the clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect.
SEC. 2. Chapter 12.8 (commencing with Section 114379) is added to Part 7 of Division 104 of the Health and Safety Code, to read:
### SEC. 2.
CHAPTER 12.8. Childrens Meals114379. The purpose of this chapter is to support childrens health by setting nutritional standards for a restaurants childrens meals.114379.10. For purposes of this chapter, the following terms have the following meanings:(a) Childrens meal means a combination of food items and a beverage, or a single food item and a beverage, sold together at a single price, primarily intended for consumption by a child.(b) Default beverage means the beverage automatically included or offered as part of a childrens meal, absent a specific request by the purchaser of the childrens meal for an alternative beverage.(c) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.114379.20. A restaurant that sells a childrens meal shall make the default beverage offered with the childrens meal one of the following:(a) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners.(b) Nonfat or 1 percent milk or a nondairy milk alternative that contains no more than 130 calories per container or serving.114379.30. This chapter does not prohibit a restaurants ability to sell, or a customers ability to purchase, an alternative beverage instead of the default beverage offered with the childrens meal, if requested by the purchaser of the childrens meal.114379.40. The local enforcement agency, as set forth in Section 113713, shall implement, administer, and enforce this chapter. The department may issue rules and regulations as necessary to carry out the purposes of this chapter.114379.50. A violation of this chapter is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.114379.60. This chapter shall be construed so as not to conflict with any federal or state law, rule, or regulation. This chapter does not authorize a local agency to impose any duty or obligation in conflict with a limitation on a local authority established by a federal or state law. If a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Legislature that the court or agency sever the clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect.
CHAPTER 12.8. Childrens Meals114379. The purpose of this chapter is to support childrens health by setting nutritional standards for a restaurants childrens meals.114379.10. For purposes of this chapter, the following terms have the following meanings:(a) Childrens meal means a combination of food items and a beverage, or a single food item and a beverage, sold together at a single price, primarily intended for consumption by a child.(b) Default beverage means the beverage automatically included or offered as part of a childrens meal, absent a specific request by the purchaser of the childrens meal for an alternative beverage.(c) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.114379.20. A restaurant that sells a childrens meal shall make the default beverage offered with the childrens meal one of the following:(a) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners.(b) Nonfat or 1 percent milk or a nondairy milk alternative that contains no more than 130 calories per container or serving.114379.30. This chapter does not prohibit a restaurants ability to sell, or a customers ability to purchase, an alternative beverage instead of the default beverage offered with the childrens meal, if requested by the purchaser of the childrens meal.114379.40. The local enforcement agency, as set forth in Section 113713, shall implement, administer, and enforce this chapter. The department may issue rules and regulations as necessary to carry out the purposes of this chapter.114379.50. A violation of this chapter is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.114379.60. This chapter shall be construed so as not to conflict with any federal or state law, rule, or regulation. This chapter does not authorize a local agency to impose any duty or obligation in conflict with a limitation on a local authority established by a federal or state law. If a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Legislature that the court or agency sever the clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect.
CHAPTER 12.8. Childrens Meals
CHAPTER 12.8. Childrens Meals
114379. The purpose of this chapter is to support childrens health by setting nutritional standards for a restaurants childrens meals.
114379. The purpose of this chapter is to support childrens health by setting nutritional standards for a restaurants childrens meals.
114379.10. For purposes of this chapter, the following terms have the following meanings:(a) Childrens meal means a combination of food items and a beverage, or a single food item and a beverage, sold together at a single price, primarily intended for consumption by a child.(b) Default beverage means the beverage automatically included or offered as part of a childrens meal, absent a specific request by the purchaser of the childrens meal for an alternative beverage.(c) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.
114379.10. For purposes of this chapter, the following terms have the following meanings:
(a) Childrens meal means a combination of food items and a beverage, or a single food item and a beverage, sold together at a single price, primarily intended for consumption by a child.
(b) Default beverage means the beverage automatically included or offered as part of a childrens meal, absent a specific request by the purchaser of the childrens meal for an alternative beverage.
(c) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.
114379.20. A restaurant that sells a childrens meal shall make the default beverage offered with the childrens meal one of the following:(a) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners.(b) Nonfat or 1 percent milk or a nondairy milk alternative that contains no more than 130 calories per container or serving.
114379.20. A restaurant that sells a childrens meal shall make the default beverage offered with the childrens meal one of the following:
(a) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners.
(b) Nonfat or 1 percent milk or a nondairy milk alternative that contains no more than 130 calories per container or serving.
114379.30. This chapter does not prohibit a restaurants ability to sell, or a customers ability to purchase, an alternative beverage instead of the default beverage offered with the childrens meal, if requested by the purchaser of the childrens meal.
114379.30. This chapter does not prohibit a restaurants ability to sell, or a customers ability to purchase, an alternative beverage instead of the default beverage offered with the childrens meal, if requested by the purchaser of the childrens meal.
114379.40. The local enforcement agency, as set forth in Section 113713, shall implement, administer, and enforce this chapter. The department may issue rules and regulations as necessary to carry out the purposes of this chapter.
114379.40. The local enforcement agency, as set forth in Section 113713, shall implement, administer, and enforce this chapter. The department may issue rules and regulations as necessary to carry out the purposes of this chapter.
114379.50. A violation of this chapter is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.
114379.50. A violation of this chapter is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.
114379.60. This chapter shall be construed so as not to conflict with any federal or state law, rule, or regulation. This chapter does not authorize a local agency to impose any duty or obligation in conflict with a limitation on a local authority established by a federal or state law. If a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Legislature that the court or agency sever the clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect.
114379.60. This chapter shall be construed so as not to conflict with any federal or state law, rule, or regulation. This chapter does not authorize a local agency to impose any duty or obligation in conflict with a limitation on a local authority established by a federal or state law. If a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Legislature that the court or agency sever the clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 3.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A food facility subject to Section 343(q)(5)(H) of Title 21 of the United States Code or subject to this section as it read on July 1, 2011, shall comply with the requirements of that section of the United States Code and the regulations adopted pursuant thereto.
(b)Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)), and to the extent permitted by federal law, both of the following shall apply:
(1)Enforcement of this section shall be made pursuant to Section 113713.
(2)(A)A violation of this section is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall not be less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A food facility shall not be found to have committed a violation under this paragraph more than once during an inspection visit.
(B)Alternatively, the enforcement agency may assess a civil penalty of an amount that is no less than or greater than the amounts specified for fines in this paragraph.
(c)Except for the civil penalties authorized by this section, this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not exist under state law prior to January 1, 2009, or limit any claim, right of action, or civil liability that otherwise existed under state law prior to January 1, 2009. The only enforcement mechanism of this section is the department or local enforcement agency, as set forth in Section 113713.
(d)This section shall become operative only on and after the compliance date specified in the federal regulation implementing Section 343(q)(5)(H) of Title 21 of the United States Code.