BILL NUMBER: SB 120 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 23, 2007
AMENDED IN SENATE MARCH 21, 2007
AMENDED IN SENATE MARCH 8, 2007
INTRODUCED BY Senators Padilla and Migden
(Principal coauthor: Assembly Member DeSaulnier)
(Coauthor: Senator Alquist)
JANUARY 22, 2007
An act to add Chapter 12.5 (commencing with Section 114375) to
Part 7 of Division 104 of the Health and Safety Code, relating to
food facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 120, as amended, Padilla. Food facilities: nutritional
information.
The California Uniform Retail Food Facilities Law (CURFFL)
provides for the regulation of health and sanitation standards for
retail food facilities by the State Department of Health Services.
Under existing law local health agencies are primarily responsible
for enforcing CURFFL. A violation of any of these provisions is
punishable as a misdemeanor. Effective July 1, 2007, the duties of
the department will be transferred to the State Department of Public
Health.
This bill would require each food facility in the state that meets
specified criteria to provide nutritional information that includes,
per standard menu item , the total number of
calories, grams of saturated fat, grams of trans fat, and milligrams
of sodium on standard menus. It would also require the menu boards to
include the total number of calories. The bill would provide that a
food facility would be in violation of the act and guilty of a
infraction if it fails to comply with these requirements on and after
January 1, 2009. By creating an infraction and adding a new local
enforcement duty, this 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) Research continues to reveal the strong link between diet and
health, and that diet-related diseases start early in life.
(b) Increased caloric intake is a key factor contributing to the
alarming increase in obesity in the United States. According to the
Centers for Disease Control and Prevention, two-thirds of American
adults are overweight or obese, and the rates of obesity have tripled
in children and teens since 1980.
(c) Obesity increases the risk of diabetes, heart disease, stroke,
some cancers, and other health problems.
(d) Basic nutritional information is extremely important to
consumers who are dealing with chronic diseases like cardiovascular
disease and diabetes.
(e) Over the past two decades, there has been a significant
increase in the number of meals prepared or eaten outside the home,
with an estimated one-third of calories and almost one-half (46
percent) of total food dollars being spent on food purchased from or
eaten at restaurants and other food facilities.
(f) Three-quarters of American adults report using food labels on
packaged foods, which are required by the Nutrition Labeling and
Education Act of 1990.
(g) Consumers should be provided with point of purchase access to
nutritional information when eating out in order to make informed
decisions involving their health and diet.
(h) It is the intent of the Legislature to provide consumers with
better access to nutritional information about prepared foods sold at
food facilities so that consumers can understand the nutritional
value of available foods.
SEC. 2. Chapter 12.5 (commencing with Section 114375) is added to
Part 7 of Division 104 of the Health and Safety Code, to read:
CHAPTER 12.5. FOOD FACILITY NUTRITION
114375. (a) Except as provided in subdivision (e), each food
facility in this state that shares the same trade name with at least
nine other food facilities in the state, regardless of whether the
food facilities are subject to the same ownership or type of
ownership, that offer offers for sale
substantially the same menu items shall make nutritional information
available to consumers for all standard menu items. This information
shall include, but not be limited to, all of the following, per
standard menu item, as usually prepared and offered for sale:
(1) Total number of calories.
(2) Total number of grams of saturated fat.
(3) Total number of grams of trans fat.
(4) Total number of carbohydrates.
(5) Total number of milligrams of sodium.
(b) Each food facility that uses a standard menu shall provide the
nutritional information next to each item on the menu in a size and
typeface similar to other information about each menu item. The
bottom of each page of a menu shall include, in a clear and
conspicuous manner, the following statement: "Recommended
limits for a 2,000 calorie daily diet are 20 grams of saturated fat
and 2,300 milligrams of sodium." If the food facility also uses
a menu board, the food facility may limit the nutritional
information listed on the menu board to the total number of calories
per item in a size and typeface similar to other information about
the item.
(c) Each food facility that uses only a menu board shall provide
on the menu board the total number of calories per item in a size and
typeface similar to other information on the menu board about the
item. This type of food facility shall, upon request, make the other
nutritional information available to consumers in writing at the
point of sale.
(d) The bottom of each page of a menu shall include, in a clear
and conspicuous manner, the following statement: "Recommended limits
for a 2,000 calorie daily diet are 20 grams of saturated fat and
2,300 milligrams of sodium.
(d) Menus and menu boards may include a disclaimer that indicates
that there may be minimal variations in nutritional content across
servings, based on slight variations in overall size and quantities
of ingredients, and based on special ordering.
(e) This section does not apply to items that are on the menu for
less than six months and to condiments and other items placed on
the table or counter for general use without charge . This
section also does not apply to the following types of food
facilities:
(1) Certified farmers' markets.
(2) Commissaries.
(3) Licensed health care facilities.
(4) Mobile support units.
(5) Public and private school cafeterias.
(6) Restricted food service facilities.
(7) Temporary food facilities.
(8) Vending machines.
(f) A food facility is out of compliance with this section if the
declaration on the menu, menu board, or writing provided pursuant to
subdivision (c) is more than 20 percent lower than what nutrient
analysis shows as the average content of a representative sample of
the menu item.
114376. (a) The duty of an enforcement officer to enforce this
chapter shall be limited to conducting an inspection in the course of
regular health inspections of food facilities. Until January 1,
2009, this enforcement duty shall be limited to verifying that the
food establishment has made a good faith effort to comply with this
chapter.
(b)
114376. On and after January 1, 2009, a food facility
that violates this chapter is guilty of an infraction, punishable by
a fine of not less than fifty dollars ($50) or more than five hundred
dollars ($500) for each violation, which may be assessed by
an enforcement officer a local enforcement agency
. Notwithstanding Section 113935, a violation of this section
is not a misdemeanor.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B 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.