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4 | 4 | | |
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5 | 5 | | 2025 -- H 6035 |
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6 | 6 | | ======== |
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7 | 7 | | LC002285 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO FOOD AND DRUGS -- HEALTHY KIDS ACT |
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16 | 16 | | Introduced By: Representatives Donovan, McGaw, Boylan, Carson, and Cotter |
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17 | 17 | | Date Introduced: March 07, 2025 |
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18 | 18 | | Referred To: House Health & Human Services |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Legislative findings. 1 |
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23 | 23 | | The general assembly hereby finds and declares the following: 2 |
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24 | 24 | | (1) Thirty-five percent (35%) of Rhode Island children are overweight or obese. 3 |
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25 | 25 | | (2) In 2022, childhood obesity rates are on the rise from pre-pandemic levels in 2019 (35% 4 |
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26 | 26 | | vs 31%). 5 |
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27 | 27 | | (3) Forty percent (40%) of children in Rhode Island’s core cities are overweight or obese 6 |
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28 | 28 | | compared to thirty-five percent (35%) of children in the remainder of the state. 7 |
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29 | 29 | | (4) Forty-one percent (41%) of latinx and forty-one percent (41%) of black children in 8 |
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30 | 30 | | Rhode Island are overweight or obese compared to thirty-two percent (32%) of white children 9 |
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31 | 31 | | (5) Food environments are associated with food choices and diet quality. 10 |
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32 | 32 | | (6) Childhood obesity is associated with costly chronic conditions like diabetes and heart 11 |
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33 | 33 | | disease. 12 |
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34 | 34 | | SECTION 2. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby 13 |
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35 | 35 | | amended by adding thereto the following chapter: 14 |
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36 | 36 | | CHAPTER 38 15 |
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37 | 37 | | HEALTHY KIDS ACT 16 |
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38 | 38 | | 21-38-1. Short title. 17 |
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39 | 39 | | This chapter shall be known and may be cited as the "Healthy Kids Act." 18 |
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40 | 40 | | 21-38-2. Definitions. 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002285 - Page 2 of 5 |
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44 | 44 | | As used in this chapter, unless the context clearly requires otherwise: 1 |
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45 | 45 | | (1) "Children's meal" means a combination of food and a beverage, offered for sale together 2 |
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46 | 46 | | at a single price, primarily intended for consumption by children. 3 |
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47 | 47 | | (2) "Default beverage" means any beverage offered as part of a children's meal. 4 |
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48 | 48 | | (3) "Restaurant" means any food service establishment that serves food to customers for 5 |
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49 | 49 | | consumption on or off the premises, as defined in § 21-27-1, including, but not limited to, drive-6 |
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50 | 50 | | through or walk-up counters, coffee shops, cafes, pizza parlors, and dine-in establishments. 7 |
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51 | 51 | | "Restaurant" does not include school cafeterias. 8 |
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52 | 52 | | 21-38-3. Nutrition standards in children's meals. 9 |
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53 | 53 | | (a) A restaurant shall not sell any children’s meal unless the restaurant offers at least two 10 |
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54 | 54 | | (2) children's meals, or twenty-five percent (25%) of the children's meals on the children's menu, 11 |
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55 | 55 | | whichever is greater, containing no more than: 12 |
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56 | 56 | | (1) Five hundred fifty (550) calories; 13 |
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57 | 57 | | (2) Seven hundred milligrams (700 mg) sodium; 14 |
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58 | 58 | | (3) Fifteen grams (15 g) added sugars; 15 |
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59 | 59 | | (4) Ten percent (10%) of calories from saturated fat; and 16 |
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60 | 60 | | (5) Zero grams trans-fat. 17 |
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61 | 61 | | (b)(1) A restaurant shall not sell a children's meal unless the restaurant offers at least two 18 |
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62 | 62 | | (2) children's meals, or twenty-five percent (25%) of the children's meals on the children's menu, 19 |
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63 | 63 | | whichever is greater, including servings in the specified amounts from at least two (2) of the 20 |
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64 | 64 | | following five (5) food groups: 21 |
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65 | 65 | | (i) Fruit: one-half (1/2) cup or more; 22 |
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66 | 66 | | (ii) Vegetable: one-half (1/2) cup or more; 23 |
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67 | 67 | | (iii) Nonfat or low-fat dairy: one-half (1/2) cup or more; 24 |
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68 | 68 | | (iv) Meat or meat alternative equaling at least: 25 |
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69 | 69 | | (A) One ounce (1 oz) meat, poultry, or seafood; 26 |
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70 | 70 | | (B) One egg; 27 |
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71 | 71 | | (C) One-fourth (1/4) cup pulses (beans, peas, lentils) or soy products; 28 |
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72 | 72 | | (D) Two (2) tablespoons nut butter; or 29 |
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73 | 73 | | (E) One ounce (1 oz) nuts and seeds; or 30 |
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74 | 74 | | (v) Whole grains: provides at least eight (8) grams of whole grains and meets at least one 31 |
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75 | 75 | | of the following criteria: 32 |
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76 | 76 | | (A) Contains fifty percent (50%) whole grain ingredients; or 33 |
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77 | 77 | | (B) Lists whole grains as the first ingredient. 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC002285 - Page 3 of 5 |
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81 | 81 | | (2) At least one of the two (2) food groups shall be a fruit or non-fried vegetable. 1 |
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82 | 82 | | 21-38-4. Default beverages in children's meals. 2 |
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83 | 83 | | (a) A restaurant shall not sell a children's meal with a beverage unless the default beverage 3 |
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84 | 84 | | is one of the following: 4 |
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85 | 85 | | (1) Water with no added natural or artificial sweeteners; 5 |
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86 | 86 | | (2) Unflavored nonfat or low-fat milk with no added natural or artificial sweeteners; or 6 |
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87 | 87 | | (3) Non-dairy milk alternative that is nutritionally similar to cow's milk with no added 7 |
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88 | 88 | | natural or artificial sweeteners. 8 |
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89 | 89 | | (b) When taking food and beverage orders for a children's meal, restaurant employees shall 9 |
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90 | 90 | | offer one of the default beverages set forth in subsection (a) of this section. 10 |
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91 | 91 | | (c) Nothing in this section prohibits a restaurant from selling, or a customer from 11 |
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92 | 92 | | purchasing, a beverage other than the default beverage included with a children's meal, if the 12 |
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93 | 93 | | customer requests the substitute or alternative beverage. 13 |
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94 | 94 | | 21-38-5. Menus and menu boards. 14 |
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95 | 95 | | The children's meals and default beverages that meet the nutrition standards listed in §§ 15 |
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96 | 96 | | 21-38-3 and 21-38-4 shall be listed or displayed on a restaurant's menu and menu boards, including, 16 |
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97 | 97 | | without limitation, online menus and menus used by delivery-based entities. 17 |
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98 | 98 | | 21-38-6. Enforcement. 18 |
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99 | 99 | | (a) The department of health shall implement, administer, and enforce this chapter, and is 19 |
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100 | 100 | | hereby authorized to issue rules and regulations consistent with this chapter and shall have all 20 |
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101 | 101 | | necessary powers to carry out the purpose of this chapter. 21 |
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102 | 102 | | (b) Within ninety (90) days of the passage date of this chapter, or any amendments thereto, 22 |
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103 | 103 | | the department of health shall send a copy of this chapter or any such amendment, and other written 23 |
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104 | 104 | | informational resources created in accordance with subsection (a) of this section, to all restaurants 24 |
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105 | 105 | | subject to this chapter. 25 |
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106 | 106 | | (c) The department of health shall create written informational resources and signage in 26 |
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107 | 107 | | English and Spanish summarizing the requirements of this chapter to help support restaurants and 27 |
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108 | 108 | | employees in implementation of this chapter. 28 |
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109 | 109 | | 21-38-7. Restaurants. 29 |
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110 | 110 | | All restaurants shall provide a copy of this chapter and other written informational 30 |
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111 | 111 | | resources created in accordance with § 21-38-6 to all employees upon commencement of 31 |
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112 | 112 | | employment. Within thirty (30) days of receiving a copy of this chapter and other written 32 |
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113 | 113 | | informational resources, and on a regular basis for all new employees, while this chapter is in effect, 33 |
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114 | 114 | | all restaurants shall train employees on how to comply with the provisions of this chapter. All 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC002285 - Page 4 of 5 |
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118 | 118 | | restaurants shall maintain records documenting the nutritional content of children’s meal food and 1 |
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119 | 119 | | beverages and make such records available to the department of health on request. 2 |
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120 | 120 | | SECTION 3. This act shall take effect on January 1, 2026. 3 |
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122 | 122 | | LC002285 |
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124 | 124 | | |
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125 | 125 | | |
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126 | 126 | | LC002285 - Page 5 of 5 |
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127 | 127 | | EXPLANATION |
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128 | 128 | | BY THE LEGISLATIVE COUNCIL |
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129 | 129 | | OF |
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130 | 130 | | A N A C T |
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131 | 131 | | RELATING TO FOOD AND DRUGS -- HEALTHY KIDS ACT |
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132 | 132 | | *** |
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133 | 133 | | This act would establish the Healthy Kids Act whereby restaurants would be required to 1 |
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134 | 134 | | offer at least two (2) healthy versions of children’s meals, or twenty-five percent (25%) of the 2 |
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135 | 135 | | children’s meals on its menu, whichever is greater. The restaurant would further be required to 3 |
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136 | 136 | | offer either water, unflavored nonfat or low-fat milk, or non-dairy milk alternative with no added 4 |
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137 | 137 | | natural or artificial sweeteners with each child’s meal. The department of health would be required 5 |
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138 | 138 | | to implement rules and regulations to enforce this chapter. 6 |
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139 | 139 | | This act would take effect on January 1, 2026. 7 |
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141 | 141 | | LC002285 |
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