Report Title:

Obesity; Menu Education and Labeling Act

 

Description:

Requires a franchise retail food establishment to include nutritional information about each standard menu item.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1526

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to health.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1.  According to the Centers for Disease Control and Prevention, two-thirds of adults in the United States are overweight or obese.  The rate of obesity has tripled among children and teens since 1980.  Obesity increases the risk of diabetes, heart disease, stroke, and other health problems and costs families, businesses, and governments millions of dollars each year.

     Research continues to reveal a strong link between diet and health.  Increased calorie intake is a key contributor to the alarming increase in obesity.  Excess saturated fat intake is a major risk factor for heart disease.  Increased sodium intake is associated with an increased risk of high blood pressure or hypertension, a condition that can lead to cardiovascular disease such as stroke.

     There is an upward trend in calorie and sodium intake that coincides with a significant increase in the number of meals prepared and eaten outside the home in the past two decades.  It is estimated that half of the money spent on food goes toward food from restaurants and other food service establishments, which is also where one-third of calories are consumed.

     The legislature finds that improving the availability of nutritional information about food from food service establishments will help curb unhealthy food consumption.  Three-quarters of American adults report using the information found on nutritional labels required by the federal Nutrition Labeling and Education Act of 1990.  But while nutrition labeling is currently required on most packaged foods, labeling for restaurant foods is only required when nutrient content or health claims are made.  Given the lack of nutritional information for most restaurant foods, it is difficult for restaurant-goers to make decisions that limit their calorie and sodium intake.

     The purpose of this Act, which shall be known as the "Menu Education and Labeling Act", is to require a retail food establishment that is part of a franchise comprised of ten or more establishments to maintain nutritional information on each of its standard menu items and have that information readily available to provide to the public upon request.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-    Franchise retail food establishments; nutritional information.  (a)  From January 1, 2011, a franchise retail food establishment shall maintain nutritional information on each standard menu item on the menu and provide this nutritional information to customers; provided that: 

     (1)  If the franchise retail food establishment uses only a menu board, it may limit the nutritional information maintained to the total number of calories per serving per item;

     (2)  If the franchise retail food establishment serves a standard menu item in a self-serve capacity, such as in a salad bar, buffet line, or cafeteria service, it may limit the nutritional information maintained to the total number of calories per standard serving per item.

     (3)  If the retail food establishment does not have a sit down dining area and consists of a drive-through only, nutritional information shall be provided upon customer request; provided further that a notice shall be clearly and conspicuously displayed at the point of sale that reads:  "Nutrition information is available upon request".

     (b)  Nutritional information shall be provided by means of an in-store brochure, booklet, kiosk, or other device that is easily accessible to customers.  The retail food establishment shall also inform customers of the availability of this information through signage.

     (c)  The director shall adopt rules pursuant to chapter 91 to implement this section.

     (d)  For the purposes of this section:

     "Drive-through" means an area where a customer may provide an order for and receive standard menu items while occupying a motor vehicle.

     "Franchise retail food establishment" means a retail food establishment that is part of a franchise comprised of ten or more establishments, regardless of the ownership of the individual establishments.

     "Menu board" means a posted list or pictorial display of food or beverage items offered for sale by a food facility.

     "Nutritional information" means information that includes the number of:

     (1)  Calories;

     (2)  Grams of saturated fat and trans fat;

     (3)  Grams of carbohydrates;

     (4)  Milligrams of sodium;

     (5)  Grams of protein; and

     (6)  Grams of sugar per serving.

     "Standard menu item" means food offered for sale that appears on the menu for more than thirty days per year, except for condiments, customized orders, and daily specials.

     (e)  This section shall not apply to:

     (1)  Farmers' markets;

     (2)  Commissaries;

     (3)  Grocery stores, except for separately owned food facilities to which this section otherwise applies that are located in the grocery store.  For purposes of this paragraph, "grocery store" means a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry.  "Grocery store" includes convenience stores.

     (4)  Licensed health care facilities;

     (5)  Mobile support units;

     (6)  Public and private school cafeterias;

     (7)  Restricted food service facilitates;

     (8)  Retail stores in which a majority of sales are from a  pharmacy, as defined in section 461-1; and

     (9)  Vending machines."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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