[Adopted 8-10-2009 by L.L. No. 6-2009]
A.
According to the United States Centers for Disease Control, since
the mid-1970s, the prevalence of overweight and obesity has increased
sharply for both adults and children. Data from two National Health
and Nutrition Examination Surveys show that among adults aged 20 years
to 74 years, the prevalence of obesity increased from 15.0% (in the
1976 - 1980 survey) to 32.9% (in the 2003 - 2004 survey). The two
surveys also show increases in overweight among children and teens.
For children aged 2 years to 5 years, the prevalence of overweight
increased from 5.0% to 13.9%; for those aged 6 years to 11 years,
prevalence increased from 6.5% to 18.8%; and for those aged 12 years
to 19 years, prevalence increased from 5.0% to 17.4%. These increasing
rates raise concern because of their implications for Americans' health.
Being overweight or obese increases the risk of many diseases and
health conditions, including the following: hypertension, dyslipidemia
(for example, high total cholesterol or high levels of triglycerides),
Type 2 diabetes, coronary heart disease, stroke, gallbladder disease,
osteoarthritis, sleep apnea and respiratory problems and some cancers
(endometrial, breast and colon). A prime cause of overweight and obesity
is eating too many calories and not getting enough physical activity.
B.
A key recommendation of a recent Food and Drug Administration-sponsored
expert group report on obesity and eating away from the home was that,
"Away-from-home food establishments should provide consumers with
calorie information in a standard format that is easily accessible
and easy to use. Participants believe that information should be provided
in a manner that is easy for consumers to see and use as part of their
purchasing and eating decisions. Information should be provided for
any standard menu item offered on a regular and ongoing basis that
is prepared from a standardized recipe, whether the item is an entire
meal or a meal component."
C.
This article will require chain food service establishments in Albany
County to list the calorie content values of menu items on menus and
menu boards. Such information, clearly displayed at the point of decision,
would allow consumers in Albany County to exercise personal responsibility
and make informed choices for a growing part of their diets.
As used in this article, the following terms shall have the
meanings indicated:
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.
The Albany County Department of Health.
A label or tag that identifies any food item displayed for
sale at a covered food service establishment.
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.
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.
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.
A.
For menu items offered in different flavors and varieties, including,
but not limited to, beverages, ice cream, pizza and doughnuts, the
range of calorie content values showing the minimum to maximum numbers
of calories for all flavors and varieties of that item shall be listed
on menu boards and menus for each size offered for sale; provided,
however, that the range need not be displayed if calorie content information
is included on the food item tag identifying each flavor or variety
of the food item displayed for sale. If a menu item is not on display,
nutrition information for each individual flavor or variety shall
be provided by means of an in-store brochure, booklet, kiosk or other
device that is easily accessible to customers. Signage shall alert
customers to the availability of such information.
B.
Combinations. For combinations of different food items listed or
pictured as a single menu item, the range of calorie content values
showing the minimum to maximum numbers of calories for all combinations
of that menu item shall be listed on menu boards and menus. If there
is only one possible calorie total for the combinations, then that
total shall be listed on menu boards and menus.
C.
Chain food service establishment owners or operators shall provide
to the Department, if requested, information documenting the accuracy
of the calorie labeling required by this article. A calorie label
shall be deemed out of compliance with this article if it bears, for
calories for which labeling is required under this article, a total
number value that is more than 20% lower or higher than nutrient analysis
shows as the content of the menu item.
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.
