A 7423: Sets nutrition standards for restaurants distributing incentive items aimed at children.

  
  STATE OF NEW YORK ________________________________________________________________________ 7423 2025-2026 Regular Sessions  IN ASSEMBLY March 25, 2025 ___________ Introduced by M. of A. SOLAGES, SAYEGH, SIMON, EPSTEIN, FALL, TAYLOR, WILLIAMS, PHEFFER AMATO, JACOBSON -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to setting nutrition standards for restaurants distributing incentive items aimed at chil- dren The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 1352-f to read as follows: 3 § 1352-f. Incentive items with restaurant food. 1. For the purposes of 4 this section, the following terms shall be defined as follows: 5 a. "Incentive item" shall mean any toy, game, trading card, admission 6 ticket or other consumer product, whether physical or digital, with 7 particular appeal to children, which is provided directly by the restau- 8 rant, or any coupon, voucher, ticket, token, code or password which is 9 provided directly by the restaurant and is redeemable for or grants 10 digital or other access to any toy, game, trading card, admission tick- 11 et, or other consumer product with particular appeal to children. 12 b. "Meal" shall mean any combination of food and drink items offered 13 together for a single price. 14 c. "Restaurant" shall mean any coffee shop, cafeteria, luncheonette, 15 sandwich stand, diner, short order cafe, fast food establishment, soda 16 fountain, and any other eating or beverage establishment, which gives or 17 offers for sale food or beverages to the public, guests, members, or 18 patrons, whether food or beverages are customarily consumed on or off 19 the premises. 20 2. The commissioner shall make regulations establishing nutritional 21 standards for meals, food items, and beverages that may be offered for 22 purchase in combination with an incentive item by a restaurant. A 23 restaurant may offer an incentive item in combination with the purchase EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09161-01-5 
 A. 7423 2 1 of a meal, food item, or beverage, only if the meal, food item, or 2 beverage, meets nutritional standards established by the commissioner 3 under this section. Nutritional standards under this section shall 4 include but are not limited to: calories; sodium; percentage of calo- 5 ries from fat (which may differentiate among kinds or sources of fat); 6 sugars and caloric sweeteners; and fruits, vegetables, and grains. 7 3. Any person who violates any of the provisions of this section shall 8 be liable for a civil penalty of up to five hundred dollars for a first 9 violation thereof; up to one thousand dollars for a second violation 10 thereof; and up to two thousand five hundred dollars for a third or 11 subsequent violation thereof. 12 § 2. This act shall take effect on the one hundred twentieth day after 13 it shall have become a law.