S1939 1R

An Act concerning nutritional standards for children’s meals served in ¹chain¹ restaurants and supplementing Title 26 of the Revised Statues.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Over the past 30 years, the obesity rate in the United States has more than doubled. According to the federal Centers for Disease Control and Prevention, in 2009, nearly two-thirds, or 68.5 percent of American adults were overweight or obese. Approximately one-third of children nationwide are overweight or obese. Obese children are at least twice as likely as non-obese children to become overweight or obese as adults.

b. In 2017, 61.9 percent of adults and 14.9 percent of children, ages zero to 17, in the State of New Jersey were overweight or obese.

c. Obesity-related health conditions have serious economic costs. The medical burden of obesity in the United States is about $147 billion annually, or almost 10 percent of all medical spending. Roughly one-half of these costs are paid through Medicaid and Medicare and, as a result, are incurred by taxpayers throughout the country. In 2018, New Jersey’s annual obesity related medical expenditures were estimated at $9.3 million.

d. American children consume 19 percent of their daily calories at fast food and other restaurants. Studies link eating in restaurants with higher caloric intakes and obesity.

e. Therefore, it is in the public interest to establish nutritional standards for children’s meals sold at ¹chain¹ restaurants in order to reduce the number of overweight and obese children, and to promote healthy eating and active living among the citizens of the State.

2. As used in this act:

¹“Chain restaurant” means a restaurant or similar retail food establishment that is part of a chain with 20 or more locations doing business under the same name, regardless of the type of ownership of the locations, and substantially offers the same menu items for sale.¹

“Children’s meal” means a combination of food items or food items and a beverage, sold together at a single price, primarily intended for consumption by children.

“Restaurant” means any facility or part thereof in which food is prepared and provided or served for consumption on the premises.

3. a. An owner, operator, or the proprietor of a ¹chain¹ restaurant shall not sell, offer to sell, or serve a children’s meal unless the meal adheres to the following nutritional standards:

(1) the meal shall contain no more than:

(a) ¹[600] 550¹ calories per serving;

(b) ¹[770] 700¹ milligrams of sodium;

(c)¹[ 35 percent of calories from fat;

(d) 35 percent of calories from total sugars

(e)] 15 grams of added sugar;

(d)¹ 10 percent of calories from saturated fat; and

¹[(6) 0.5] (e) 0¹ grams of trans fat;

(2) the meal shall contain at least 0.5 cups of fresh fruits or vegetables, and at least one of the following:

(a) a whole grain product ¹[containing no less that 51 percent by weight of a whole grain ingredient or]¹ which lists whole grains as its first ingredient¹, equals 50 percent whole grains by weight of product, or contains 50 percent whole grains by weight of grains¹;

(b) a lean protein consisting of at least two ounces of meat, one ounce of nuts, seeds, dry beans or peas, or one egg; or

For purposes of this subsection: juices, condiments, jellies, jams, or spreads shall not be considered a fruit or vegetable; and a lean protein shall contain less than 10 grams of fat, 4.5 grams or less of saturated fat, and less than 94 milligrams of cholesterol per 100 grams and per labeled serving; and

(3) if the children’s meal is served with a beverage, that beverage shall be:

(a) water, sparkling water, or flavored water with no added natural or artificial sweetener;

(b) nonfat milk, one percent milk, or a non-dairy milk alternative ¹, nutritionally similar to cow’s milk,¹ containing ¹[no more than 130 calories per container or serving as offered for sale] no added natural or artificial sweeteners or flavorings¹; or

(c) 100 percent fruit ¹or vegetable¹ juice or fruit ¹or vegetable¹ juice combined with water or carbonated water, with no added natural or artificial sweetener, in a serving size of no more than ¹[eight] 6.75¹ ounces ¹; and

(4) substitutions of any of the items contained in a children’s meal pursuant to this subsection shall be permissible upon request by a customer¹.

b. (1) A ¹chain¹ restaurant using a standard printed menu shall list next to a children’s meal on the menu, the nutritional content of the meal as required pursuant to subsection a. of this section, using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the children’s meal.

(2) A ¹chain¹ restaurant using a menu board system or similar signage shall list next to the children’s meal on the board or sign, the nutritional content of the meal as required pursuant to subsection a. of this section.

(3) If the children’s meal includes a beverage, the ¹chain¹ restaurant using a standard printed menu shall also list next to the children’s meal on the menu, the caloric information for the beverage, using a font and format that is at least s prominent, in size and appearance, as that used to post either the name or price of the children’s meal.

¹c. A chain restaurant that posts the nutritional content of a children’s meal on its company website or mobile application shall be exempt from the requirements of subsection b. of this section.¹

4. a. The Department of Health or the local board of health or the board, body, or officers exercising the functions of the local board of health according to law shall have the right to enter the premises of a ¹chain¹ restaurant at which a children’s meal is sold, offered for sale, or served, at any time during normal business hours and upon presentation of appropriate credentials, in order to determine compliance with the provisions of this act, or any rule or regulation adopted pursuant thereto.

b. The Department of Health or the local board of health or the board, body, or officers exercising the functions of the local board of health according to law, upon written complaint or having reason to suspect that a violation of this act has occurred, shall, by written notification, advise the owner, operator, or proprietor of the ¹chain¹ restaurant accordingly and order appropriate action to be taken.

5. a. An owner, operator, or the proprietor of a ¹chain¹ restaurant who knowingly sells, offers to sell, or serves a children’s meal in violation of the provisions of section 3 of this act shall be ¹[liable to a civil penalty of up to $1,000] issued a warning¹ for the first offense, ¹liable to a civil penalty of¹ up to ¹[$2,000] $500¹ for the second offense, and up to ¹[$3,000] $1,000¹ for a subsequent offense, provided that in no case shall the penalty against the owner or operator of the ¹chain¹ restaurant exceed ¹[$15,000] $5,000¹ during a 30-day period.

b. Any civil penalty imposed pursuant to subsection a. of this section shall be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law,” P.L.1999, c.274 (C.2A:58-1 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court and the municipal court shall have jurisdiction to enforce and collect any penalty imposed for a violation of the provisions of this act. Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health or the local board of health as plaintiff.

¹6. a. Within three months of the enactment of P.L. , c. (C.) (pending before the Legislature as this bill), the Department of Health, in consultation with the New Jersey Restaurant and Hospitality Association, shall prepare and make available for distribution to chain restaurants, both in print and in an easily printable format on the department’s Internet website, a fact sheet to notify and inform chain restaurant owners affected by the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) of the requirements of the law.

b. The department, in consultation with the New Jersey Restaurant and Hospitality Association, shall provide an informational poster, containing the information found in the fact sheet prepared in accordance with subsection a. of this section, to chain restaurants for use and display at every location in their restaurants where customers may place food or drink orders.

c. Within six months of the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), every owner, operator, or the proprietor of a chain restaurant in the State shall:

(1) require all chain restaurant staff complete a training course approved by the department on the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) and how chain restaurants are to comply with its requirements; and

(2) provide documentation demonstrating course completion as part of any inspection of the chain restaurant conducted by the department or a local board of health.¹

¹[6.] 7.¹ The Department of Health shall adopt rules and regulations, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

¹[7.] 8.¹ This act shall take effect on the first day of the sixth month next following the date of enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.