Health Care Availability and Access Committee
Filed: 3/20/2007
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1 | AMENDMENT TO HOUSE BILL 389
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2 | AMENDMENT NO. ______. Amend House Bill 389 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Menu | ||||||
5 | Education and Labeling Act. | ||||||
6 | Section 5. Findings. The General Assembly finds all of the | ||||||
7 | following: | ||||||
8 | (1) Research continues to reveal that the strong link | ||||||
9 | between diet and health and diet-related diseases starts | ||||||
10 | early in life. | ||||||
11 | (2) Increased caloric intake is a key factor | ||||||
12 | contributing to the alarming increase in obesity in the | ||||||
13 | United States. According to the Centers for Disease Control | ||||||
14 | and Prevention, two-thirds of American adults are | ||||||
15 | overweight or obese and the rates of obesity have tripled | ||||||
16 | in children and teens since 1980. Obesity increases the |
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1 | risk of diabetes, heart disease, stroke, and other health | ||||||
2 | problems. Each year obesity costs families, businesses, | ||||||
3 | and governments $117 billon. | ||||||
4 | (3) Excess saturated fat intake is a major risk factor | ||||||
5 | for heart disease, which is the leading cause of death for | ||||||
6 | men and women in the United States. Heart disease is also a | ||||||
7 | leading cause of disability among working adults and its | ||||||
8 | impact on the U.S. economy is significant, estimated in | ||||||
9 | 2005 to cost $393.5 billion in health care expenditures and | ||||||
10 | lost productivity. | ||||||
11 | (4) Increased sodium intake is associated with an | ||||||
12 | increased risk of high blood pressure, a condition that can | ||||||
13 | lead to cardiovascular disease, especially stroke. The | ||||||
14 | proportion of Americans with high blood pressure is 45% at | ||||||
15 | age 50, 60% at age 60, and over 70% at age 70. | ||||||
16 | (5) Over the past 2 decades, there has been a | ||||||
17 | significant increase in the number of meals prepared and | ||||||
18 | eaten outside of the home, with an estimated one-third of | ||||||
19 | calories and almost half (46%) of food dollars being spent | ||||||
20 | on food purchased from and eaten at restaurants and other | ||||||
21 | food-service establishments. | ||||||
22 | (6) Studies link eating out with obesity and higher | ||||||
23 | caloric intake. Food that people eat from restaurants and | ||||||
24 | other food-service establishments are generally higher in | ||||||
25 | calories and saturated fat and lower in nutrients, such as | ||||||
26 | calcium and fiber, than home-prepared foods. |
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1 | (7) While nutrition labeling is currently required on | ||||||
2 | most packaged foods, such information is required only for | ||||||
3 | restaurant foods for which nutrient content or health | ||||||
4 | claims are made. | ||||||
5 | (8) Three-quarters of American adults report using | ||||||
6 | food labels on packaged foods, which are required by the | ||||||
7 | federal Nutrition Labeling and Education Act of 1990. Using | ||||||
8 | food labels is associated with eating more healthful diets | ||||||
9 | and approximately half (48%) of people report that the | ||||||
10 | nutritional information on food labels has caused them to | ||||||
11 | change their minds about buying a food product. Research | ||||||
12 | shows that people make more healthful choices when | ||||||
13 | restaurants provide point-of-purchase nutritional | ||||||
14 | information. | ||||||
15 | (9) It is difficult for consumers to limit their intake | ||||||
16 | of calories at restaurants given the limited availability | ||||||
17 | of nutritional information, as well as the popular practice | ||||||
18 | by many restaurants of providing foods in | ||||||
19 | larger-than-standard servings and "supersized" portions. | ||||||
20 | Studies show that people eat greater quantities of food | ||||||
21 | when they are served more. | ||||||
22 | Section 10. Nutritional information required. | ||||||
23 | (a) A restaurant or or similar retail food establishment | ||||||
24 | must provide nutritional information for all standard menu | ||||||
25 | items listed on the menu, including, but not limited to, the |
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1 | total number of the following items per serving as usually | ||||||
2 | prepared and offered for sale: | ||||||
3 | (1) calories; | ||||||
4 | (2) grams of saturated fat, plus trans fat; | ||||||
5 | (3) grams of carbohydrates; and | ||||||
6 | (4) milligrams of sodium. | ||||||
7 | Standard menu items do not include temporary menu items, such | ||||||
8 | as specials that appear on the menu for less than 30 days per | ||||||
9 | year and condiments and other items placed on the table or | ||||||
10 | counter for general use without charge. Nothing in this Act | ||||||
11 | precludes restaurants and similar retail food establishments | ||||||
12 | from providing additional nutritional information voluntarily. | ||||||
13 | (b) Restaurants and similar retail food establishments | ||||||
14 | that use a standard menu shall provide such information next to | ||||||
15 | each item on the menu in a size and typeface similar to other | ||||||
16 | information about each menu item. If the restaurant or similar | ||||||
17 | retail food establishment uses only a menu board, it may limit | ||||||
18 | the nutritional information listed on the menu board to the | ||||||
19 | total number of calories per serving per item in a size and | ||||||
20 | typeface similar to other information about the item, provided | ||||||
21 | that the additional nutritional information be made available | ||||||
22 | to customers in writing upon request. If a restaurant or | ||||||
23 | similar retail food establishment provides a salad bar, buffet | ||||||
24 | line, cafeteria service, or similar self-serve arrangement, it | ||||||
25 | may limit the nutritional information provided for items | ||||||
26 | offered in such arrangement to the total number of calories per |
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1 | standard serving per item next to where the item is offered in | ||||||
2 | a size and typeface that is prominent and legible from where | ||||||
3 | customers are choosing those items, provided that the | ||||||
4 | additional nutritional information about the item must be made | ||||||
5 | available to customers in writing upon request. A restaurant or | ||||||
6 | other similar retail food establishment is exempt from the | ||||||
7 | requirements of this Act if it has fewer than 10 locations | ||||||
8 | nationally, doing business under the same trade name, | ||||||
9 | regardless of the type of ownership of the individual | ||||||
10 | locations, and offering predominantly the same types of meals, | ||||||
11 | foods, or menu. | ||||||
12 | (c) For menu items that come in different flavors, | ||||||
13 | varieties, or combinations but that are listed as a single menu | ||||||
14 | item, such as soft drinks, ice cream, pizza, doughnuts, and | ||||||
15 | children's combination meals, the median value for calories and | ||||||
16 | other nutrients for all flavors, varieties, or combinations | ||||||
17 | must be listed on menus and menu boards if the calorie and | ||||||
18 | other nutrient values for all flavors, varieties, or | ||||||
19 | combinations are within 20% of the median. If the calorie and | ||||||
20 | other nutrient values are not within 20% of the median, then | ||||||
21 | the range for all flavors, varieties, or combinations of that | ||||||
22 | menu item must be listed from the lowest to the highest value. | ||||||
23 | If a menu item that comes in different varieties is on display | ||||||
24 | with a name placard or similar signage, the calories per | ||||||
25 | serving as offered for sale must be listed on the placard along | ||||||
26 | with the name. If a menu item is not on display, nutritional |
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1 | information for each individual flavor or variety or each | ||||||
2 | individual menu item that can be chosen as part of a | ||||||
3 | combination meal must be provided by means of an in-store | ||||||
4 | brochure, booklet, kiosk, or other device that is easily | ||||||
5 | accessible to customers. Signage must alert customers to the | ||||||
6 | availability of such information. | ||||||
7 | (d) The bottom of each page of a menu must include, in a | ||||||
8 | clear and conspicuous manner, the following statement: | ||||||
9 | "Recommended limits for a 2,000 calorie daily diet are 20 | ||||||
10 | grams of saturated fat and 2,300 milligrams of sodium. | ||||||
11 | Saturated fat numbers include trans fat." | ||||||
12 | If no items on the menu contain more than 0.5 grams of trans | ||||||
13 | fat from partially hydrogenated oil per serving, the statement | ||||||
14 | "saturated fat numbers include trans fat" may be omitted. | ||||||
15 | When used by chain restaurants or similar chain retail food | ||||||
16 | establishments, menu boards must include, in a clear and | ||||||
17 | conspicuous manner, the following statement: | ||||||
18 | "Daily values are based on a 2,000 calorie diet." | ||||||
19 | (e) For purposes of this Act, restaurants and similar | ||||||
20 | retail food establishments must obtain the nutrient analysis | ||||||
21 | required by this Act using analytic methods and express | ||||||
22 | nutrient content in a manner consistent with the Illinois Food, | ||||||
23 | Drug and Cosmetic Act and its rules. A label is not in | ||||||
24 | compliance with this Act if the label declaration is more than | ||||||
25 | 20% lower than nutrient analysis shows as the average content | ||||||
26 | of a representative sample of the menu item. |
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1 | Section 15. Rules. The Department of Public Health shall | ||||||
2 | issue proposed rules to implement this Act within 12 months | ||||||
3 | after the effective date of this Act. Such rules must require | ||||||
4 | the information required under this Act to be conveyed to the | ||||||
5 | public in a manner that enables the public to readily observe | ||||||
6 | and comprehend such information and to understand its relative | ||||||
7 | significance in the context of a total daily diet. These | ||||||
8 | implementing rules shall take effect 6 months after they are | ||||||
9 | finalized. If the Department of Public Health does not | ||||||
10 | promulgate final rules within 24 months after the effective | ||||||
11 | date of this Act, the proposed rules must be considered as the | ||||||
12 | final rules. | ||||||
13 | Section 20. Enforcement. The Director of Public Health or | ||||||
14 | his or her duly authorized agents or employees who inspect | ||||||
15 | restaurants and other food establishments must determine that | ||||||
16 | the nutritional information required under this Act is listed | ||||||
17 | on the menu or menu board and that any additional required | ||||||
18 | information is available for customers upon request. Such | ||||||
19 | inspectors shall not be required to verify the accuracy of the | ||||||
20 | nutritional listings. The Department of Public Health may | ||||||
21 | request that franchisor or corporate owners of chain | ||||||
22 | restaurants and food establishments provide documentation of | ||||||
23 | the accuracy of the nutritional information.".
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