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.
"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.
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.
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:
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:
The Department must create and disseminate written informational
resources and signage that summarizes in multiple languages, including
spanish, the requirements of this section.
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.
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.
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:
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.
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.
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.