Florida Senate - 2009                                    SB 2332
       
       
       
       By Senator Peaden
       
       
       
       
       2-01528-09                                            20092332__
    1                        A bill to be entitled                      
    2         An act relating to obesity prevention; amending s.
    3         381.0054, F.S.; providing definitions; requiring the
    4         operator of a food service establishment that has five
    5         or more locations in the state to conspicuously
    6         disclose the number of calories of certain food items
    7         served or offered for sale in the food service
    8         establishment; providing the manner and requirements
    9         for the disclosure; providing exceptions; providing
   10         that certain actions constitute a violation of the
   11         act; providing immunity from liability for the
   12         operator under certain circumstances; providing for
   13         the disclosure requirement to be superseded by federal
   14         law under certain circumstances; providing for the
   15         disclosure requirement to apply to all food service
   16         establishments after a specified date; providing an
   17         effective date.
   18  
   19         WHEREAS, in 2008 more than 60 percent of adults and 30
   20  percent of children in Florida are overweight, and at least half
   21  of these persons are obese and have a body mass index greater
   22  than 30, and
   23         WHEREAS, approximately 60 percent of overweight children
   24  have at least one risk factor for cardiovascular disease and 25
   25  percent of overweight children have two or more risk factors,
   26  and
   27         WHEREAS, the incidence of overweight and obese children has
   28  tripled in the last 20 years, and
   29         WHEREAS, excessive weight affects virtually every organ
   30  system in the body, increasing the risk of diabetes, myocardial
   31  infarction, stroke, cancer, sleep apnea, osteoarthritis, and
   32         WHEREAS, obesity as a cause of death is preventable and
   33  more than 40,000 Floridians die annually from obesity-related
   34  diseases, and
   35         WHEREAS, obesity-related medical expenditures for adults in
   36  this state total more than $5 billion yearly, with over half of
   37  those costs being financed by Medicare and Medicaid, and the
   38  direct economic effects of obesity may be twice this figure when
   39  the cost of missed workdays and other costs outside the medical
   40  care system are considered, not counting the economic valuation
   41  of reduced longevity and quality of life, and
   42         WHEREAS, in 2008 almost 50 percent of food dollars were
   43  spent away from the home, and according to a recent poll by
   44  Peter D. Hart Research Associates, 79 percent of registered
   45  voters favor a law that would require restaurants to provide
   46  detailed nutritional information in writing, and
   47         WHEREAS, the current economic crisis provides a unique
   48  opportunity to examine questions of fundamental importance to
   49  public health, especially those related to obesity and physical
   50  activity, NOW, THEREFORE,
   51  
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Section 381.0054, Florida Statutes, is amended
   55  to read:
   56         381.0054 Healthy lifestyles promotion.—
   57         (1) The Department of Health shall promote healthy
   58  lifestyles to reduce the prevalence of excess weight gain and
   59  obesity in Florida by implementing appropriate physical activity
   60  and nutrition programs that are directed towards all Floridians
   61  by:
   62         (a) Using all appropriate media to promote maximum public
   63  awareness of the latest research on healthy lifestyles and
   64  chronic diseases and disseminating relevant information through
   65  a statewide clearinghouse relating to wellness, physical
   66  activity, and nutrition and their impact on chronic diseases and
   67  disabling conditions.
   68         (b) Providing technical assistance, training, and resources
   69  on healthy lifestyles and chronic diseases to the public, county
   70  health departments, health care providers, school districts, and
   71  other persons or entities, including faith-based organizations,
   72  that request such assistance to promote physical activity,
   73  nutrition, and healthy lifestyle programs.
   74         (c) Developing, implementing, and using all available
   75  research methods to collect data, including, but not limited to,
   76  population-specific data, and track the incidence and effects of
   77  weight gain, obesity, and related chronic diseases. The
   78  department shall include an evaluation and data collection
   79  component in all programs as appropriate.
   80         (d) Partnering with the Department of Education, local
   81  communities, school districts, and other entities to encourage
   82  Florida schools to promote activities during and after school to
   83  help students meet a minimum goal of 60 minutes of activity per
   84  day.
   85         (e) Partnering with the Department of Education, school
   86  districts, and the Florida Sports Foundation to develop a
   87  program that recognizes schools whose students demonstrate
   88  excellent physical fitness or fitness improvement.
   89         (f) Collaborating with other state agencies to develop
   90  policies and strategies for preventing and treating obesity,
   91  which shall be incorporated into programs administered by each
   92  agency and shall include promoting healthy lifestyles of
   93  employees of each agency.
   94         (g) Advising, in accordance with s. 456.081, health care
   95  practitioners licensed in this state regarding the morbidity,
   96  mortality, and costs associated with the condition of being
   97  overweight or obese, informing such practitioners of clinical
   98  best practices for preventing and treating obesity, and
   99  encouraging practitioners to counsel their patients regarding
  100  the adoption of healthy lifestyles.
  101         (h) Maximizing all local, state, and federal funding
  102  sources, including grants, public-private partnerships, and
  103  other mechanisms, to strengthen the department’s current
  104  physical activity and nutrition programs and to enhance similar
  105  county health department programs.
  106  
  107  This subsection shall be administered contingent on an
  108  appropriation in the General Appropriations Act.
  109         (2)As used in subsections (3)-(9), the terms:
  110         (a)“Consumer queue” means a line of people waiting to
  111  purchase food or to be served food in a food service
  112  establishment.
  113         (b)Menu” or “menu board” means the primary writing in a
  114  food service establishment from which a consumer makes his or
  115  her order selection of food.
  116         (c)Reasonable basis” means any reasonable means of
  117  determining nutrition information for a food item, as recognized
  118  by the federal Food and Drug Administration.
  119         (3)The operator of each food service establishment that
  120  operates five or more locations in this state, including, but
  121  not limited to, a sit-down restaurant, a grocery store or deli
  122  that serves food to go, or a quick-service or fast-food
  123  restaurant, shall conspicuously disclose at the point of
  124  purchase the number of calories in each food item:
  125         (a)On a menu board adjacent to the food item or its price;
  126         (b)On a sign that lists each food item in a manner similar
  127  to the menu board and is located on the same wall as the menu
  128  board;
  129         (c)On a sign at eye level in the consumer queue before the
  130  point of purchase;
  131         (d)In the menu adjacent to the food item or its price; or
  132         (e)In an insert that accompanies or is attached to the
  133  menu.
  134         (4)Each menu or menu board in the food service
  135  establishment must include a statement that directs the consumer
  136  to a location for obtaining additional nutritional information
  137  that may be known and available but is not listed on the menus
  138  or menu board of the food establishment, including, but not
  139  limited to, the amount of sodium, trans fat, saturated fat,
  140  cholesterol, carbohydrates, sugars, and protein in each food
  141  item.
  142         (5)Subsection (3) does not apply to a food item that is:
  143         (a)Offered for sale in a nonprofit food service
  144  establishment.
  145         (b)Served or sold in a food service establishment that
  146  serves or offers food for sale less than 30 days within a
  147  calendar year.
  148         (c)Served for free.
  149         (d)Exempted by the State Surgeon General by rule or law.
  150         (6)The operator of each food service establishment shall
  151  obtain a reasonable basis for determining calorie information
  152  for food items sold in the establishment by consulting nutrient
  153  databases, cookbooks, laboratory analyses, or other sources,
  154  notwithstanding variability in the portion size, formulation,
  155  and other characteristics of such food or its preparation
  156  method.
  157         (7)The operator of a food service establishment violates
  158  the requirements of subsection (3) if he or she:
  159         (a)Knowingly or willfully fails to make a disclosure
  160  required by subsection (3); or
  161         (b)Makes a disclosure under subsection (3) with an intent
  162  to deceive.
  163         (8)An operator of a food service establishment is not
  164  liable for any cause of action related to the disclosure
  165  requirement provided in subsection (3) unless the operator
  166  knowingly and willfully violates subsection (3).
  167         (9)The provisions of subsections (3)-(8) are superseded if
  168  a federal law is enacted which provides a single, consistent
  169  standard of nutrition labeling and accomplishes the same purpose
  170  of providing responsible nutritional information to the
  171  consumer.
  172         (10)(2) The department may adopt rules pursuant to ss.
  173  120.536(1) and 120.54 to administer this section.
  174         (3)This section shall be implemented contingent on an
  175  appropriation in the General Appropriations Act.
  176         Section 2. Effective January 1, 2011, s. 381.0054(3)-(9),
  177  Florida Statutes, applies to all food service establishments in
  178  this state.
  179         Section 3. This act shall take effect January 1, 2010.