EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0263*
SENATE BILL 263
J1 2lr0822
CF HB 661
By: Senator Beidle
Introduced and read first time: January 14, 2022
Assigned to: Finance
Committee Report: Favorable with amendments
Committee amendments withdrawn, February 18, 2022
Senate action: Adopted with floor amendments
Read second time: February 18, 2022
CHAPTER ______
AN ACT concerning 1
Health – Food Service Facilities – Beverage Options With Children’s Meals 2
FOR the purpose of requiring a food service facility that offers children’s meals to offer 3
certain beverages as the default beverages included with the meal; and generally 4
relating to food service facilities and children’s meals. 5
BY adding to 6
Article – Health – General 7
Section 21–330.3 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2021 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Health – General 13
21–330.3. 14
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “CHILDREN’S MEAL” MEANS A COMBINATION OF FOOD AND 17
BEVERAGE: 18 2 SENATE BILL 263
(I) SOLD TOGETHER AT A SI NGLE PRICE BY A FOOD SERVICE 1
FACILITY; AND 2
(II) PRIMARILY INTENDED FOR CONSUMP TION BY CHILDREN . 3
(3) “DEFAULT BEVERAGE ” MEANS A BEVERAGE AUT OMATICALLY 4
INCLUDED OR OFFERED AS PART OF A CHILDRE N’S MEAL ABSENT A SPEC IFIC 5
REQUEST FOR A SUBSTI TUTE OR ALTERNATE BE VERAGE BY THE PURCHA SER OF THE 6
CHILDREN’S MEAL. 7
(B) A FOOD SERVICE FACILIT Y OFFERING CHILDREN ’S MEALS FOR SALE 8
SHALL OFFER AS THE D EFAULT BEVERAGE WITH THE CHILDREN ’S MEAL: 9
(1) WATER THAT IS UNFLAVO RED, UNSWEETENED , AND 10
UNCARBONATED WATER, SPARKLING WATER , OR FLAVORED WATER , WITH NO 11
ARTIFICIAL FLAVOR OR WITH NO ADDED NATURA L OR ARTIFICIAL SWEE TENERS; 12
(2) (I) WHOLE, NONFAT, OR LOW FAT 1% OR 2% PASTEURIZED COW 13
MILK WITH NO ADDED F LAVORS OR SWEETENERS ; OR 14
(II) A NONDAIRY BEVERAGE TH AT IS NUTRITIONALLY 15
EQUIVALENT TO FLUID COW MILK IN A SERVIN G OF 8 OUNCES OR LESS MILK OR A 16
NONDAIRY MILK ALTERN ATIVE; OR 17
(3) A BEVERAGE IN A SERVIN G OF 6 8 OUNCES OR LESS THAT 18
CONSISTS OF 100% FRUIT JUICE OR VEGET ABLE JUICE OR A COMBINATION OF 100% 19
FRUIT JUICE AND VEGE TABLE JUICE COMBINED WITH WATER OR SPARKLING 20
WATER, WITH NO ADDED NATURA L OR ARTIFICIAL SWEE TENERS. 21
(C) THIS SECTION DOES NOT PRECLUDE A FOOD SERV ICE FACILITY FROM 22
PROVIDING, ON A PURCHASER ’S REQUEST , ANY LAWFUL BEVERAGE AS A 23
SUBSTITUTE OR ALTERN ATIVE FOR THE DEFAUL T BEVERAGE OFFERED I N 24
ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION. 25
(D) THIS SECTION MAY NOT BE CONSTRUED TO PREE MPT A COUNTY OR 26
MUNICIPAL GOVERNMENT FROM ENACTING AND EN FORCING MORE STRINGE NT 27
MEASURES LIMITING DE FAULT BEVERAGES INCL UDED WITH CHILDREN ’S MEALS 28
OFFERED BY A FOOD SE RVICE FACILITY. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2022. 31