HB 1383

1	A bill to be entitled
2	An act relating to the prevention of obesity; amending s.
3	381.0054, F.S.; authorizing the Department of Health to
4	require certain food service establishments to display the
5	number of calories in food items for sale; providing
6	exemptions; providing penalties; providing immunity from
7	liability under certain circumstances; providing
8	conditions under which such nutritional-information
9	requirements may be superseded by federal law, rules, or
10	regulations; providing effective dates.
11
12	WHEREAS, death due to obesity is preventable and more than
13	40,000 Florida residents die annually from obesity-related
14	diseases, and
15	WHEREAS, in 2008, more that 60 percent of the adults and 30
16	percent of the children in Florida were overweight and at least
17	half of these numbers were obese, with a body mass index greater
18	than 30, and
19	WHEREAS, approximately 60 percent of overweight children
20	have at least one risk factor for cardiovascular disease and 25
21	percent of overweight children have two or more risk factors,
22	and
23	WHEREAS, the number of overweight and obese children has
24	tripled in the last 20 years, and
25	WHEREAS, excessive body weight affects virtually every
26	organ system in the body and increases the risks of diabetes,
27	myocardial infarction, stroke, cancer, sleep apnea, and
28	osteoarthritis, and
29	WHEREAS, obesity-related medical expenditures for adults in
30	this state total more than 5 billion dollars annually, with over
31	half of those costs being financed by Medicare and Medicaid, and
32	the direct economic effects of obesity are far greater than this
33	figure when missed workdays and other costs outside the medical
34	care system and the economic valuation of reduced longevity and
35	quality of life are considered, and
36	WHEREAS, in 2008, almost 50 percent of food dollars were
37	spent away from the home, and according to a recent poll by
38	Peter D. Hart Research Associates, 79 percent of registered
39	voters favor a law that would require restaurants to provide
40	detailed nutritional information in writing, and
41	WHEREAS, the current economic crisis provides a unique
42	opportunity to examine questions of fundamental importance to
43	public health, especially those related to obesity and physical
44	activity, NOW, THEREFORE,
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Section 381.0054, Florida Statutes, is amended
49	to read:
50	381.0054  Healthy lifestyles promotion.--
51	(1)  The Department of Health shall promote healthy
52	lifestyles to reduce the prevalence of excess weight gain and
53	obesity in Florida by implementing appropriate physical activity
54	and nutrition programs that are directed towards all Floridians
55	by:
56	(a)  Using all appropriate media to promote maximum public
57	awareness of the latest research on healthy lifestyles and
58	chronic diseases and disseminating relevant information through
59	a statewide clearinghouse relating to wellness, physical
60	activity, and nutrition and their impact on chronic diseases and
61	disabling conditions.
62	(b)  Providing technical assistance, training, and
63	resources on healthy lifestyles and chronic diseases to the
64	public, county health departments, health care providers, school
65	districts, and other persons or entities, including faith-based
66	organizations, that request such assistance to promote physical
67	activity, nutrition, and healthy lifestyle programs.
68	(c)  Developing, implementing, and using all available
69	research methods to collect data, including, but not limited to,
70	population-specific data, and track the incidence and effects of
71	weight gain, obesity, and related chronic diseases. The
72	department shall include an evaluation and data collection
73	component in all programs as appropriate.
74	(d)  Partnering with the Department of Education, local
75	communities, school districts, and other entities to encourage
76	Florida schools to promote activities during and after school to
77	help students meet a minimum goal of 60 minutes of activity per
78	day.
79	(e)  Partnering with the Department of Education, school
80	districts, and the Florida Sports Foundation to develop a
81	program that recognizes schools whose students demonstrate
82	excellent physical fitness or fitness improvement.
83	(f)  Collaborating with other state agencies to develop
84	policies and strategies for preventing and treating obesity,
85	which shall be incorporated into programs administered by each
86	agency and shall include promoting healthy lifestyles of
87	employees of each agency.
88	(g)  Advising, in accordance with s. 456.081, health care
89	practitioners licensed in this state regarding the morbidity,
90	mortality, and costs associated with the condition of being
91	overweight or obese, informing such practitioners of clinical
92	best practices for preventing and treating obesity, and
93	encouraging practitioners to counsel their patients regarding
94	the adoption of healthy lifestyles.
95	(h)  Maximizing all local, state, and federal funding
96	sources, including grants, public-private partnerships, and
97	other mechanisms, to strengthen the department's current
98	physical activity and nutrition programs and to enhance similar
99	county health department programs.
100	(2)  The Department of Health shall require standard food
101	items served or offered for sale at least 30 days per calendar
102	year in a food service establishment, as defined in s.
103	500.03(1)(p), to bear a label or display information that
104	indicates in a clear and conspicuous manner the number of
105	calories in each food item, to be determined within a reasonable
106	basis, as follows:
107	(a)  Calories displayed on menu board.--The number of
108	calories shall be displayed on the menu board prior to the point
109	of purchase by one of the following means:
110	1.  On a menu board adjacent to the item or its price;
111	2.  On a sign presenting standard food items in a manner
112	similar to the menu board and located on the same wall as the
113	menu board; or
114	3.  On a sign at eye level in the consumer queue prior to
115	the point of purchase.
116	(b)  Calories displayed on menu.--The number of calories
117	shall be displayed on the menu prior to the point of purchase by
118	one of the following means:
119	1.  In the menu adjacent to the item or its price; or
120	2.  In an insert that accompanies or is attached to the
121	menu.
122	(c)  Referral statement.--A menu board or a menu shall bear
123	a statement directing the consumer to the location of additional
124	nutritional information that may be known and available but not
125	required, such as, but not limited to, the amount of sodium,
126	trans fat, saturated fat, cholesterol, carbohydrates, sugars,
127	and protein in each food item.
128	(d)  Applicability.--This subsection does not apply to:
129	1.  Food offered for sale at a not-for-profit food
130	establishment.
131	2.  Food offered at no cost.
132	3.  Food exempted by the State Surgeon General by rule.
133	(e)  One determination per item.--A reasonable basis for
134	determination of nutrition information can be made with
135	appropriate accuracy by consulting nutrient databases,
136	cookbooks, laboratory analyses, or other sources that provide a
137	reasonable basis of information regarding the nutrient content
138	of a food, notwithstanding variability in the portion size,
139	formulation, and other characteristics of such food or its
140	preparation method.
141	(f)  Penalty.--A person who knowingly and willfully
142	violates this subsection by:
143	1.  Willfully failing to make a disclosure required by this
144	subsection, or
145	2.  Making a disclosure under this section with an intent
146	to deceive,
147
148	commits a misdemeanor of the second degree, punishable as
149	provided in s. 775.082 or s. 775.083.
150	(g)  Liability.--Unless a food service establishment
151	knowingly and willfully violates paragraph (f), the
152	establishment may not be held liable.
153	(3)(2)  The department may adopt rules pursuant to ss.
154	120.536(1) and 120.54 to administer this section.
155	(4)(3)  Subsection (1) This section shall be implemented
156	contingent on an appropriation in the General Appropriations
157	Act.
158	(5)  Subsection (2) may be superseded by federal law if a
159	single, consistent national nutrition labeling standard is
160	established under federal law, rules, or regulations that
161	accomplish the same purpose of providing responsible nutritional
162	information to the consumer.
163	Section 2.  This act shall take effect January 1, 2010,
164	and, from January 1, 2010, through December 31, 2010, shall
165	apply to all food service establishments having five or more
166	locations, and, on January 1, 2011, and thereafter, shall apply
167	to all food service establishments.

CODING: Words stricken are deletions; words underlined are additions.