HomeMy WebLinkAboutMINUTES - 05062008 - C.33 >
TO: BOARD OF SUPERVISORS ..i.---� �, ;�-,;__�,.• Contra
Ge
FROM: JOHN CULLEN,
to
County Administrator-
DATE: May 6, 2008 inty
SUBJECT: SUPPORT POSITION on SB 1420 (Padilla & Migde-n): Food facilities:
Nutritional Information; and OPPOSE POSITION on AB 2572 (Parra)
SPECIFIC RE000ST(S)OR RECOMMENDATION(S)&BACKGROUND AND,juS'I.IPIC'A TION
RECOMMENDATION
SUPPORT SB 1420 (Padilla and Migden), a bill that requires food facilities, as defined, to make
specified nutritional information available to customers; and OPPOSE AB 2572 (Parra), a competing
bill, as recommended by the Family and Human Services Committee.
FISCAL IMPACT:
No fiscal impact to the County from SB 1420. . With respect to AB 2572, there is a potential for
reimbursable mandate costs due to the increased workload associated with health inspectors locating
and verifying the existence of the required nutritional information.
BACKGROUND:
On April 24, 2007, the Board of Supervisors voted to support SB 120 (Padilla and Migden, Principal
Co-Author DeSaulnier). SB 120, however, was vetoed by Governor Schwarznegger on October 14,
2007. SB 1420 is a reintroduction of SB 120. It seeks to combat obesity by making nutritional
information accessible and useful for consumers when dining out.
A competing bill, AB 2572 (Parra), suggests that nutritional information could be placed anywhere--on
posters near restrooms, tray liners underneath food, and kiosks in parking lots. The proponents of SB
1240 suggest that AB 2572 would only codify the status quo and provide information inadequately.
At its April 28, 2008 meeting, the Family and Human Services Committee recommended that the
Board of Supervisors support SB 1420 and oppose AB 2572.
CONTINUED ON ATTACHMENT: x YES SIGNATURIs:
RECOMMENDATION OF COUNTY ADMINISTRATOR R.. 'OMMI7NDATION OF BOARD COMM I- I E
e/ APPROVE OTIIT:R
SIGNATURE(S): /
ACTION 01'130 YON (, APPROVED AS RECOMMENDED _ O�,tN'ft
VOTE OF SUPERVISORS I I IERLBY CERTIFY TI IAT•THIS IS A'T'RUE AND CORREC"I'C'(:)PY
OF AN AC'T'ION TAKEN AND ENTERED ON MINUTES OF TI-Ir:
BOARD OF SUPERVISORS ON TI IE DATE SI IOWN.
UNANIMOUS(ABSENT � )
AYES:
ABSENT: ABSTAIN:
Coptact:
L.DcLaney 5-1097
Cc: ATTESTED
L.DcLaney,CAO's Office JOHN CULLS ..,IRK F ll II:BOARD OFSUPERVISORS
D.Sansoe,CAO's Office
C.Dickson,COmnnmity Wellness and Prevention
Program BY: DEPUTY
SB 1420 &AB 2572 (Nutritional Information))—p. 2
May 6, 2008
Studies have shown that eating out more frequently is associated with obesity, higher body fat or
higher body mass index (BMI), and that eating more fast-food meals is linked to eating more calories,
more saturated fat, fewer fruits and vegetables, and less milk. According to a.report issued by the
Center for Science in the Public Interest (CSPI) in 2003, Americans spent about 46 percent of their
food dollars at restaurant! (source: National Restaurant Association), compared with 26 percent in
1970. According to the United States Department of Agriculture (USDA), calories consumed at
restaurants (or away-from-home foods) as a part of the diet had doubled from 18% to 34% by 1995.
Obesity has reached epidemic proportions in the United States, affecting one-third of all adults, 27
percent of children, and 21 percent of adolescents. Former Surgeon General David Satcher has
stated that, "Overweight and obesity may soon cause as much preventable disease and death as
cigarette smoking." A recent RAND study (March, 2002) reported that, "The health risks of obesity
{are) worse than smoking, drinking or poverty." The study reports that obesity is linked to higher
medical costs and very high rates of chronic illnesses, higher than living in poverty, and much higher
than smoking or drinking. In some school districts in California, 50 percent of the students are
overweight. Overweight youth face increased risks of many serious health problems that, traditionally,
have not commonly occurred during childhood, including type 2 diabetes, high blood pressure,
arthritis, and osteoporosis. More than 80 percent of obese adolescents remain obese as adults, with
even more severe consequences, including higher risks of heart disease and cancer.
In September 2006, the Department of Health Services released the "California Obesity Prevention
Plan" to serve as a guide for each sector of society to take part in creating the shift to healthy eating
and active living. The plan identifies recommendations for action for all sectors to make sustainable
changes in physical activity and food environments. The plan organized strategic actions around four
goals, including "supporting local assistance grants and implementing multi-sectoral policy strategies
to create healthy eating and active living community environments." (Goal 3) Within the framework of
this larger goal, the plan recommends posting calorie information per serving on all menus and menu
boards.at restaurants and encourages healthy food options on all menus.
Existing State Law
1.Establishes the California Retail Food Code (CRFC), which imposes various health and safety
.requirements on restaurants, and makes violations of these requirements subject to criminal
penalties. CRFC establishes the authority of local environmental health jurisdictions to adopt a food
safety inspection program with oversight by the State Department of Public Health.
SB 1420
SB 1420 requires each food facility that shares the same trade name with at least fourteen other food
facilities in the state, regardless of ownership, to make nutritional information available to consumers
for all standard menu items, defined as items that are on a menu for six months or longer, exclusive
of condiments, alcoholic beverages, and other items placed on a table or counter for general use
without charge. The nutritional information that is required includes, but not be limited to, total
calories, saturated fat, trans fat, carbohydrates and sodium. 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
that is clear and conspicuous. If the food facility also uses a menu board, it may limit the information
on the menu board to the calories per item. (See Attachment for an illustrative example.)
Arguments in Opposition: The California Chamber of Commerce (CalChamber) writes that
providing nutritional information on all foods served is impractical as there are numerous possible
combinations of foods that can be ordered in restaurants. CalChamber also states that, while experts
acknowledge that obesity is a function of how much an individual consumes in relation to how much
physical activity is undertaken, responsibility still lies with the individual and nutritional information will
not prevent obesity. CalChamber also writes that it will be costly for restaurants to determine the
nutritional content of every menu item and have their menus reprinted, and that some of these costs
will likely be passed on to the consumer or result in fewer offerings.
SB 1420&AB 2572 (Nutritional Information))—p. 3
May 6, 2008
SUPPORT:
California Center for Public Health Advocacy (co-source), California Optometric Association (co-
source), Alameda County Board of Supervisors, American Cancer.Society, American College of
Cardiology, California Chapter American Heart.Association American Federation of State, County and
Municipal Employees, Berkeley City Council, California Association for Health, Physical Education,
Recreation and Dance, California Center for Public Health Advocacy, California Chiropractic
Association, California Medical Association, California Nurses Association, Catholic Healthcare West,
California WIC Association, Consumer Federation of California, Dental Health Foundation, Gray
Panthers, California Health Officers Association of California, Latino Coalition for a Healthy California,
Lucile Packard Children's Hospital, Marin County Board of Supervisors, PolicyLink, Prevention
Institute, Roll International, Stanford Hospital & Clinics, Stanford School of Medicine, St. Joseph
Health System, Strategic Alliance for Healthy Food and Activity
OPPOSITION:
California Alliance for Consumer Protection, CalChamber, California Restaurant Association,
California Retailers Association, Councilmember Jerry Duncan, City of Fresno, International
Franchise Association, Rodrick Management Group, Rubio's Fresh Mexican Grill, Wendy's
International, Inc.
AB 2572
The sponsors of AB 2572, the California Restaurant Association (CRA), assert that the bill is intended
to provide broader availability of nutritional information for food served in chain restaurants by
requiring the information be made available to consumers. CRA states that the bill provides the
flexibility that is necessary to enable food facilities to disclose this information in a manner that they
have found works best for their customers and for the restaurant.
This bill requires a restaurant with 20 or more locations throughout the state to disclose certain
nutrition information to its customers. Specifically, this bill requires the restaurant to provide
information on total calories, grams of saturated fat, grams of trans fat, carbohydrates, and milligrams
of sodium. It also requires the restaurant to disclose the required information in writing within the
facility by one of the following methods:
a) Menu or other writing at point of sale.
b) Standard food item packaging.
c) Counter or table tent.
d) Tray liner.
e) Poster.
f) Brochure or other printed material.
g) Electronic medium, including electronic kiosk on the premises.
h) Any other means recognized by the Department of Public Health (DPH).
AB 2572 requires the restaurant, when the information is disclosed by means other than a menu or
other writing at point of sale, to display a notice indicating that the nutrition information is available
upon request. The bill exempts certain food facilities, such as farmers' markets, grocery stores, and
schools from the requirements in this bill. The bill also makes violation of this law an infraction,
punishable by a fine of$50.
i
SB 1420 &AB 2572 (Nutritional Information))—p. 4
May 6, 2008
Arguments in Opposition
The Strategic Alliance for Healthy Food and Activity Environments argues that AB 2572 establishes
an intentionally weak state policy concerning nutrition information by allowing restaurants to continue
to provide ineffective disclosures, including behind the counter brochures labeled in tiny print, overly
complicated signs posted in inconvenient and obscure locations, and information printed on tray liners
and food packaging after the point of sale has been made.
The American Cancer Society notes that if the ultimate goal of disclosure policies is to improve
nutrition decisions, the information must be available with other menu options and prices that
contribute to a consumer's choice.
The California Center for Public Health Advocacy states that the disclosure practices allowed under
this bill are ineffective strategies for combating poor nutrition and cites a March 2007 Field Poll that
found that 84% of Californians surveyed want this information to be provided on menus.
AUNTIE ANNE'S PRETZELS
E�
1 a
SUBWAY
k
M49
a:.
f:-
y
a
DOUBLE':7y
..gyp........
SENATE BILL No. 1420
Introduced by Senators Padilla and Migden
(Principal coauthor: Assembly Member DeSaulnicr)
February 21, 2008
An act to add Section 114094 to the:Health and Safety Code,relating
to food facilities.
LEGISLATIVE COUNSE'L'S DIGEST
SB 1420, as introduced, 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 Public Health.Under existing
law local health agencies are primarily responsible for enforcing
CURFFL. A violation of any of these provisions is punishable as a
misdemeanor.
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. it would also.require
the menu boards to include the total number of calories.The bill would
provide that, on and after July 1, 2009, a food facility that violates the
provisions of the bill is guilty of an infraction, and would specifically
provide that a violation of these provisions is not a misdemeanor. 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.
99
SB 1420
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:
1 SECTION 1. The Legislature hereby finds and declares all of
2 the following:
3 (a) Research continues to reveal the strong link between diet
4 and health, and that diet-related diseases start early in life.
5 (b) Increased caloric intake is a key factor contributing to the
6 alarming increase in obesity in the United States.According to the
7 Centers ,for Disease Control and Prevention, .two-thirds of
8 American.adults are overweight or obese, and the rates of obesity
9 have tripled in children and teens since 1980.
10 (c) Obesity increases the risk of diabetes, heart disease, stroke,
11 some cancers, and other health problems.
12 (d) Basic nutritional information is extremely important to
13 consumerswho are. .dealing with chronic diseases like
14 cardiovascular disease and diabetes.
15. (e) Over the past two decades, there has been a significant
16 increase in the number of meals prepared or eaten outside the
17 home,with an estimated one-third of calories and almost one-half
18 (46 percent) of total food dollars being spent on food purchased
19 from or eaten at restaurants and other food facilities.
20 (t) Three-quarters of American adults report using food labels
21 on packaged foods,.which are :required by the federal Nutrition
22 Labeling and Education Act of 1990.
23 (g) Consumers should be provided with point of purchase access
24 to nutritional information when eating out in order to make
25 informed decisions involving their health and diet.
26 (h) It is the intent of the Legislature to provide consumers with
27 better access to nutritional information about prepared foods sold
28 at food facilities so that consumers can understand the nutritional
29 value of available foods. .
99
-3— SB 1420
1 SEC.2. Section 114094 is added to the Health and Safety Code,
2 to read:
3 114094. (a) Each food facility in this state that operates under
4 common ownership or control with at least 14 other food facilities
5 with the same name in the state that offer for sale substantially the
6 same menu items, or operates as a franchised outlet of a parent
7 company with at least 14 other franchised outlets with the same
8 name in the state that offer for sale substantially the same menu
9 items, shall make nutritional information available to consumers
10 for all standard menu items. This information shall include, but
11 not be limited to, all of the following,per standard menu item, as
12 usually prepared and offered for sale:
13 (1) Total number of calories.
14 (2) Total number of grams of saturated fat.
15 (3) Total number of grams of trans fat.
16 (4) Total number of carbohydrates.
17 (5) Total number of milligrams of sodium.
18 (b) Each food facility described in subdivision (a) that uses a
19 standard menu shall provide the nutritional information next to
20 each item on the menu in a size and typeface that is clear and
21 conspicuous. A page of the menu shall include, in a clear and
22 conspicuous manner,. the following statement: "Recommended
23 limits for a 2,000 caloric daily dict are 20 grams of saturated fat
24 and 2,300 milligrams of sodium." 1f the food facility also uses a
25 menu board,the food facility may limit the nutritional information
26 listed on the menu board to the total number of calories per item
27 in a size and typeface that is clear and conspicuous.
28 (c) Each food facility described in subdivision(a)that uses only
29 a menu board shall provide on -the menu board the total number
30 of calories per item in a size and typeface that is clear and
31 conspicuous. This type of food :facility shall, upon request, make
32 the other nutritional information described in subdivision (a)
33 available to consumers in writing at the point of sale.
34 (d) Menus and menu boards may include a disclaimer that
35 indicates that there may be minimal variations in nutritional content
36 across servings, based on slight variations in overall size and
37 quantities of ingredients, and based on special ordering.
38 (e) The nutritional infonnation required by this section shall be
39 based upon a verifiable analysis of the menu item, which may
99
SB 1420 —4—
I
4—l include the use of nutrient databases, laboratory testing, or other
2 reliable methods of analysis.
3 (f) Notwithstanding Section 113789,for purposes of this section,
4 food facility does not include any of the following:
5 (1) Certified farmers'markets.
6 (2) Commissaries.
7 (3) Licensed health care facilities.
8 (4) Mobile support units.
9 (5) Public and private school cafeterias.
10 (6) Restricted food service facilities.
11 (7) Temporary food facilities.
12 (8) Vending machines.
13 (9) Grocery stores, except for separately owned food facilities
14 to which this section otherwise; applies that are located in the
15 grocery store. For purposes of this paragraph, "grocery store"
16 means a store primarily engaged in the retail sale of canned foods,
17 dry goods, fresh fruits and vegetables, and fresh and prepared
18 meats, fish, and poultry, and includes convenience stores.
19 (g) For purposes of this section, a standard menu item does not
20 include food items that are on the menu for less than six months,
21 condiments,other items placed on the table or counter for general
22 . use without charge and alcoholic beverages.
23 (h) Commencing July 1, 2009, a food facility that violates this
24 section is guilty of an infraction, punishable by a fine of not less
25 than fifty dollars($50) or more than five hundred dollars ($500),
26 which may be assessed by a local enforcement agency. However,
27 a food facility may not be found.to violate this section more than
28 once during an inspection visit.Notwithstanding Section 113395,
29 a violation of this section is not a misdemeanor.
30 SEC. 3. No reimbursement is required by this act pursuant to
31 Section 6 of Article XII1B of the California Constitution for certain
32 costs that may be incurred by a local agency or school district
33 because, in that regard, this act creates a new crime or infraction,
34 eliminates a crime or infraction,or changes the penalty for a crime
35 or infraction, within the meaning of Section 17556 of the
36 Government Code,or changes the definition of a crime within the
37 meaning of Section 6 of Article XIII B of the California
38 Constitution.
39 However,if the Commission on State Mandates detennines that
40 this act contains other costs mandated by the state,reimbursement
99
—5-- SB 1420
1 to local agencies and school districts for those costs shall be made
2 pursuant to Part 7 (commencing with Section 17500) of Division
3 4 of Title 2 of the Government Code.
O
99
AMENDED IN ASSEMBLY APRIL l 5, 2008 ,
AMENDED IN ASSEMBLY APRIL 2, 2008
CALIFORNIA LEGISLATURE-2oo7—o8 REGULAR SESSION
ASSEMBLY BILL No. 2572
Introduced by Assembly Member Parra
(Principal coauthor: Assembly Member Garcia)
(Coauthor: Assembly Member Hayashi)
February 22, 2008
An act to add Chapter 14(commencing with Section 114450)to Part
7 of Division 104 of the Health and Safety Code., relating to food .
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2572, as amended, Parra. Food facilities: nutrition information. .
The California Retail Food Code provides for the regulation of health
and sanitation standards for retail food facilities by the State Department .
of Public Health.Under existing law, local health agencies are primarily
responsible for enforcing this code. .A violation of these provisions is
punishable as a misdemeanor.
This bill would require a covered food facility,as defined,to disclose .
prescribed nutrition information for each standard food item, as
specified.The bill would authorize any food facility that is not a covered
food facility to voluntarily provide nutrition information for a standard
food item,providedthat certain nutrients are determined with reasonable
basis and disclosed in a written form. The bill would provide that, on
and after January 1, 2010, a covered food facility that violates these
provisions is guilty of an infraction,and would specifically provide that
a violation of these provisions is not a misdemeanor. By creating an
97
AB 2572 —2--
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 Califor1 is do enact as follows:
1 SECTION 1. The Legislature hereby finds and declares all of
2 the following:
3 (a) Over the past two decades, there has been a significant
4 increase in the number of meals prepared or eaten outside the
5 home,with an estimated one-third of calories and almost one-half
6 of total food dollars associated with food obtained from restaurants
7 and other food service establishments.
8 (b) Broader availability of nutrition information regarding foods
9 served at restaurants and other food service establishments would
10 allow consumers to make more informed decisions about the food
11 they purchase.
12 (c) Three-quarters of American adults report using food labels
13 on packaged foods, which are required by the federal Nutrition
14 Labeling and Education Act of 1990.
15 (d) Availability of nutrition information regarding restaurant
16 food assists consumers who closely monitor their diet.
17 (e) Due to substantial variations in restaurant characteristics,
18 restaurants have used a variety of methods to provide the broad
19 nutrition information that their customers desire.
20 (f) Providing accurate nutrition information for food prepared
21 in restaurants is significantly more difficult than for processed
22 food items because of greater variability of portion size,
23 formulation,and other characteristics of the restaurant food product
24 and the processes used to produce it.
97
—3-- AB 2572
1 (g) In implementing the federal Nutrition Labeling and
2 Education Act of 1990,the federal Food and Drug Administration
3 recognized the need for accuracy in nutrition information
4 statements and addressed the challenges of determining restaurant
5 food product nutrition. information by permitting nutrition
6 information for such products to be determined with "reasonable
7 basis."
8 (h) Notwithstanding the substantial variability of nutrition
9 characteristics of standard food items served at restaurants and
10 other food service establishments, the public health would be
11 advanced by providing nutrition information, determined with .
12 reasonable basis, for standard food items generally available at
13 restaurants.
14 (i) Restaurants and other food service establishments generally
15 are more likely to provide nutrition information regarding food
16 items if there. is not a threat of conflicting or overlapping
.. 17 govcrnmental requirements for disclosure of nutrition information,
18 or vulnerability to frivolous litigation regarding the accuracy of
1.9 disclosure of nutrition information.
20 (j) It is the intent of the Legislature to provide consumers with
21 greater access to nutrition information regarding restaurant foods
22 by recognizing that nutrition. information determined with
23 reasonable basis is appropriately accurate and to provide restaurants
24 reasonable flexibility in providing nutrition information to
25 consumers.
26 SEC. 2. Chapter' 14 (commencing with Section 114450) is
27 added to Part 7 of Division 104 of the Health and Safety Code,to
28 read:
29
30 CHAPTER 14. NUTRITION INFORMATION
31
32 114450. For purposes of this chapter,the following definitions
33 shall apply:
34 (a) "Covered food facility" means a food facility that operates
35 under the same trade name with at least 20 other food facilities in.
36 the state, regardless of ownership, except that a "covered food
37 facility" shall not include the following types of food facilities:
38 (1) Certified farmers'Inarkets..
39 (2) Commissaries.
97 .. . - .
i
AB 2572 —4--
1 (3) Grocery stores, except for separately owned food facilities
2 to which this section otherwise applies that are located in the
3 grocery store. For purposes of this paragraph, "grocery store"
4 means a store primarily engaged in the retail sale of canned foods,
5 dry goods, fresh fruits and vegetables, and fresh meats, fish, and
6 poultry.Also, "grocery store" includes convenience stores.
7 (4) Licensed health care facilities.
8 (5) Mobile support units.
9 (6) Public and private school cafeterias.
10 (7) Restricted food service facilities.
11 (8) Temporary food facilities.
12 (a) Vending machines.
13 (b) "Standard food item"means a food item offered for sale by
14 a covered food facility at least 180 days per calendar year,
15 excluding food items that are customized on a case-by-case basis
16 in response to unsolicited customer requests,alcoholic beverages,
17 the labeling of which is not regulated by the federal Food and Drug
18 Administration, or packaged foods otherwise subject to the
19 nutrition labeling requirements of the federal Nutrition Labeling
20 and Education Act of 1990.
21 (c) "Reasonable basis" means any reasonable means of
22 determining nutrition information for a standard menu item, as
23 recognized by the federal Food and Drug Administration,including,
24 but not limited to, nutrient databases, cookbooks, and laboratory
25 analyses. A "reasonable basis" determination of nutrition
26 information shall be required only once per standard menu item,
27 provided that portion size is reasonably consistent and the covered
28 food facility follows a standardized recipe and trains to a consistent
29 method of preparation.
30 114451. (a) (1) Except as provided in subdivision (d), a
31 covered food facility shall make all of the following nutrition
32 information available to consumers for each standard food item:
33 (A) The total number of calories.
34 (B) The amount of total fat, saturated fat, and trans fat.
35 (C) The amount of carbohydrates.
36 (D) The amount of sodium.
37 (2) The nutrition information required by this subdivision shall
38 be determined with reasonable basis and disclosed on a per item
39 basis in accordance with the federal Food and Drug
97
-5— AB 2572
1 Administration's requirements for disclosure under the federal
2 Nutrition Labeling and Education Act of 1990.
3 (b) (1) Except as provided in subdivisions(c)and(d),a covered
4 food facility shall disclose in writing the information listed in
5 subdivision(a),within the facility,by at least one of the following
6 methods:
7 (A) Menu or other writing at the point of sale.
8 (B) Standard food item packaging.
9 (C) Counter or table tent.
10 (D) Tray liner.
11 (E) Poster.
12 . (F) Brochure or other printed material.
43 (G) Electronic medium, including an electronic kiosk on the
14 premises.
15 (H) Any other means recognized by the department.
16 (2) When nutrition information is disclosed by means other than
17 a menu or other writing at the point of sale, the covered food
18 facility shall conspicuously display at or near the point of sale a
19 notice that reads: "NUTRITION INFORMATION IS
20 AVAILABLE UPON REQUEST" or other similar referral
21 statement that discloses the availability of the nutrition information.
22 (c) If a covered food facility provides consumers a point of sale
23 in an outdoor area drive-through or drive-in auto stall, then that
24 covered food facility shall conspicuously display at or near the
25 point of sale the nutritional information required in subdivision
26 (a) or shall conspicuously display at or near the point of sale a
27 notice that reads: "NUTRITION INFORMATION IS
28 AVAILABLE UPON REQUEST" or other similar referral
29 statement that discloses the availability of the nutrition information
30 by at least one of the methods listed in subdivision(b).
31 114452. Any food facility that is not a covered food facility
32 may voluntarily provide under this chapter nutrition information
33 for a standard food item,provided that all of the nutrients required
34 to be disclosed by subdivision(a)of Section 114451 are determined
35 with reasonable basis and disclosed in a written form within the
36 facility.
37 114453. This ehapter is a matter of Statewide eoneern and
38
39
40 of a loeal governinent may prohibit or iii any way
97
AB 2572 —6--
1dissemitiation of nutfition information-by
3 are id and of no foree of enc
4
5 ptifstiant to Seetion 114452, then the depaftment shall have the
6
7 .
8 114454.
9 114453. (a) Commencing January 1, 2010, a covered food .
10 facility that violates this chapter is. guilty of an infraction,
11. punishable by a fine of not more! than fifty dollars ($50) for each
12 violation, that may be assessed by a local enforcement agency.
13 (b) Notwithstanding Section 114395,a violation of this chapter
14. is not a misdemeanor.
15 114455.
-16 114454. Nothing in this chapter shall be construed to create or
17 enhance any claim, right of action, or civil liability that did not
.18 previously exist under the laws of this state. No private right of
19 action shall arise out of this chapter. The only enforcement
20 mechanism of this chapter is by the local enforcement officer..
21
22 114455. If any provision of this chapter, or the application
23 thereof, is for any reason held invalid, ineffective, or
24 unconstitutional by a court of competent jurisdiction,the remainder
25 of this chapter, or the application of this provision, shall not be
26 affected thereby, and to this end,the provisions of this chapter are
27 severable.
28 SEC. 3. No reimbursement is required by this act pursuant to
29 Section 6 of Article XIII B of the California Constitution for
30 certain costs that may be incurred by a local agency or school
31 district because, in that regard, this act creates a new crime.or
32 infraction,eliminates a crime or infraction,or changes the penalty .
33 for a crime or infraction, within the meaning of Section 17556 of
34 the Government Code,or changes the definition of a crime within
35 the meaning of Section 6 of Article XIII B of the California
36 . Constitution.
37 However,if the Commission on State Mandates determines that .
38 this act.contains other costs mandated by the state,reimbursement
39 to local agencies and school districts for those costs shall be made
97
7 AB 2572
I pursuant to Part 7 (commencing with Section l 7500) of Division
2 4 of Title 2 of the Government Code.
O
97