[HISTORY: Adopted by the Board of County Commissioners of Charles County 1-9-2024 by Bill No. 2023-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bill was originally specified to be added as Ch. 35, Health and Wellness, but was renumbered to maintain the organization of the Code.
A. 
Definitions. In this section, the following words have the meanings indicated:
CHILDREN'S MEAL
(1) 
A combination of food items, or a combination of food items and a beverage, that an eating and drinking establishment:
(a) 
Offers for sale as a unit; and
(b) 
Includes on its children's menu, or otherwise offers for consumption primarily by children.
(2) 
"Children's meal" does not include a combination of food items, or a combination of food items and a beverage, prepackaged and offered for sale by an entity other than an eating and drinking establishment.
DEFAULT BEVERAGE
A beverage that an eating and drinking establishment provides automatically with a children's meal, unless the customer requests a different beverage.
DEPARTMENT
The Charles County Department of Health.
EATING AND DRINKING ESTABLISHMENT
Has the meaning found in § 127-8 of this Code.
HEALTHY CHILDREN'S MEAL
A children's meal that contains no more than:
(1) 
600 calories;
(2) 
700 milligrams of sodium;
(3) 
35% of calories from total sugars;
(4) 
35% of calories from fat;
(5) 
10% of calories from saturated fat; and
(6) 
0.5 gram of trans fat.
LEAN PROTEIN
A serving of protein that contains 10% or less of saturated fat.
B. 
Healthy option required. An eating and drinking establishment that offers for sale a children's meal must offer for sale at least one healthy children's meal.
C. 
Options for healthy children's meals.[1] The healthy children's meal required under subsection B must include two or more of the following options:
(1) 
A 1/4 cup or more serving of unfried fruit or unfried vegetables, excluding juice, condiments, or spreads;
(2) 
A whole grain product that:
(a) 
Contains, by weight, 51% of more of whole grain ingredients; or
(b) 
Lists whole grain as the first ingredient in its U.S. food and drug administration-required ingredient list; or
(3) 
A lean protein consisting of:
(a) 
One ounce or more of meat, seafood, nuts, seeds, beans, or peas;
(b) 
One egg;
(c) 
One-half cup of nonfat or 1% milk or low-fat yogurt, or one ounce of reduced-fat cheese; or
(d) 
A plant-based, nondairy alternative that:
[1] 
Contains the same amount of protein as, or more protein than, an item under Subsection C(3)(e); and
[2] 
Is fortified with calcium and vitamin D.
[1]
Editor's Note: This subsection shall take effect 18 months after the adoption of this chapter.
D. 
Children's beverages - Healthy default beverage required.[2] An eating and drinking establishment that offers for sale a children's meal with a beverage must include as the default beverage one or more of the following options:
(1) 
Water, sparkling water, or flavored water, with no added natural or artificial sweeteners;
(2) 
Eight ounces or less of unflavored nonfat or 1% milk, or a nondairy equivalent with no added natural or artificial sweeteners; or
(3) 
Eight ounces or less of the following, with no added natural or artificial sweeteners:
(a) 
100% fruit or vegetable juice;
(b) 
A combination of 100% fruit and vegetable juices with no added natural or artificial sweeteners; or
(c) 
A combination of 100% fruit and vegetable juice with water or sparkling water.
[2]
Editor's Note: This subsection shall take effect 18 months after the adoption of this chapter.
E. 
Preservation of consumer choice. This section must not be construed to prohibit customers from purchasing, or an eating and drinking establishment from selling, a children's meal that:
(1) 
Is not a healthy children's meal; or
(2) 
Does not contain the foods or beverages listed under Subsections C and D.
F. 
Educational outreach.
(1) 
The Department must create and disseminate written informational resources and signage that summarizes in multiple languages, including spanish, the requirements of this section.
(2) 
The Department shall develop decals that highlight menu items in compliance with this section and shall distribute such decals to eating and drinking establishments in compliance with this section. Such eating and drinking establishments may display such decals next to menu items complying with the requirements of this chapter.
G. 
Enforcement.
(1) 
This section shall be enforced by the Department and the Department is hereby authorized to issue civil infractions for violations of this section.
(2) 
The Department shall make available a process by which the public may submit complaints regarding noncompliance with this section.
(3) 
The Department shall develop a self-certification form which shall document compliance with this section. The Department shall disseminate said form to eating and drinking establishments.
(4) 
Eating and drinking establishments shall submit the self-certification form to the department once annually when applying for license renewal.
(5) 
Any eating and drinking establishment that violates any provision of this section shall be guilty of a civil infraction and may be punished as follows:
(a) 
For the first violation, the department shall provide information concerning the requirements of this section and issue a written warning requiring the eating and drinking establishment to comply with this section within 60 calendar days or a time period acceptable to the department.
(b) 
If a violation is not disposed of pursuant to Subsection G(5)(a), the Department shall issue a violation notice requiring submission of a corrective action plan within 30 calendar days of the receipt of the notice. The time period for corrective action shall not exceed an additional 30 calendar days. If a violation is disposed of pursuant to this subsection, a subsequent violation shall be treated as a first offense.
(c) 
All violations other than those disposed of pursuant to Subsection G(5)(a) and (b) may be punished by a civil fine of $500.
H. 
Severability. In the event that any provision of this section is held unconstitutional, invalid, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.