As used in this article, the following terms shall have the
meanings indicated:
CHAIN FOOD SERVICE ESTABLISHMENT
A food service establishment or food service establishments
operating in Albany County that is or are part of a group of 15 or
more food service establishment locations nationally, doing business
under the same trade name, offering predominantly the same types of
meals, foods or menus in servings that are standardized for portion
size and content, regardless of the type of ownership of the individual
food service establishment locations.
DEPARTMENT
The Albany County Department of Health.
FOOD ITEM TAG
A label or tag that identifies any food item displayed for
sale at a covered food service establishment.
MENU
A printed list or pictorial display of a food item or items,
and their price(s), that are available for sale from a covered food
service establishment, and shall include menus distributed or provided
outside of the establishment.
MENU BOARD
Any list or pictorial display of a food item or items and
their price(s) posted in and visible within a covered food service
establishment or outside of a covered food service establishment for
the purpose of ordering from a drive-through window.
MENU ITEM
Any individual food item, or combination of food items, listed
or displayed on a menu board or menu that is/are sold by a covered
food service establishment.
This article shall apply to menu items that are served in portions
the size and content of which are standardized at a covered food service
establishment. This article shall not apply to menu items that are
listed on a menu or menu board for fewer than 30 days in a calendar
year.
A. Posting calorie information for menu items. All menu boards and menus
in any covered food service establishment shall bear the total number
of calories derived from any source for each menu item they list.
Such information shall be listed as "calories" or "cal" clearly and
conspicuously, adjacent or in close proximity so as to be clearly
associated with the menu item, 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 menu item.
B. Calculating calories. Calorie content values (in kcal) required by
this article shall be based upon a verifiable analysis of the menu
item, which may include the use of nutrient databases, laboratory
testing or other reliable methods of analysis, and shall be rounded
to the nearest 10 calories for calorie content values above 50 calories
and to the nearest five calories for calorie content values 50 calories
and below.
C. Food item tags. When a food item is displayed for sale with a food
item tag, such food item tag shall include the calorie content value
for that food item in a font size and format at least as prominent
as the font size of the name of the food item.
D. Drive-through windows. Calorie content values at drive-through windows
shall be either the drive-through menu board, or on an adjacent stanchion
visible at or prior to the point of ordering, so long as the calorie
content values are as clearly and conspicuously posted on the stanchion
adjacent to their respective menu item names as the price or menu
item is on the drive-through menu board.
E. This article does not preclude any establishment, including covered
food service establishments, from voluntarily providing additional
nutritional information, nor from providing a disclaimer stating that
there may be variations in calorie content values across service based
on slight variations in serving size, quantity or ingredients, or
special ordering.
Any person who violates a provision of this article shall be
subject to the imposition of a civil penalty by the Department, which
shall have sole jurisdiction to enforce the provisions of this article.
Every person that violates the provisions of this article shall be
liable for a civil penalty as prescribed by the Albany County Sanitary
Code. The penalty provided for by this article may be sued for and
recovered by the Department of Health through the County Attorney
in the name of the County of Albany in any court of competent jurisdiction.
The penalties imposed herein are the sole penalties to be imposed
for a violation of this article. No civil penalty shall be imposed
as provided for herein unless the alleged violator has received notice
of the charge against him/her and has had an opportunity to be heard
as provided for in the Albany County Sanitary Code.
This article shall be null and void on the day that federal
or statewide legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this article,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Albany. The County Legislature may determine via mere resolution
whether or not identical or substantially similar federal or statewide
legislation or pertinent preempting state or federal regulations have
been enacted for the purposes of triggering the provisions of this
section.
This article shall take effect 180 days after its filing in
the Office of the Secretary of State.