November 28, 2020
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       Florida Senate - 2010                                    SB 2212
       
       
       
       By Senator Wise
       
       
       
       
       5-01580A-10                                           20102212__
    1                        A bill to be entitled                      
    2         An act relating to the prevention of obesity; amending
    3         s. 381.0054, F.S.; providing definitions; authorizing
    4         the Department of Health to require certain food
    5         service establishments to display the number of
    6         calories in food items for sale; providing exemptions;
    7         providing penalties; providing immunity from liability
    8         under certain circumstances; providing conditions
    9         under which such nutritional-information requirements
   10         may be superseded by federal law, rules, or
   11         regulations; providing applicability; providing an
   12         effective date.
   13  
   14         WHEREAS, although death due to obesity is preventable, more
   15  than 40,000 Florida residents die annually from obesity-related
   16  diseases, and
   17         WHEREAS, in 2008, more that 60 percent of the adults and 30
   18  percent of the children in Florida were overweight and at least
   19  half of this number were obese, with a body mass index greater
   20  than 30, and
   21         WHEREAS, approximately 60 percent of overweight children
   22  have at least one risk factor for cardiovascular disease and 25
   23  percent of overweight children have two or more risk factors,
   24  and
   25         WHEREAS, the number of overweight and obese children has
   26  tripled in the last 20 years, and
   27         WHEREAS, excessive body weight affects virtually every
   28  organ system in the body and increases the risks of diabetes,
   29  myocardial infarction, stroke, cancer, sleep apnea, and
   30  osteoarthritis, and
   31         WHEREAS, obesity-related medical expenditures for adults in
   32  this state total more than 5 billion dollars annually, with over
   33  half of those costs being financed by Medicare and Medicaid, and
   34  the direct economic effects of obesity are far greater than this
   35  figure when missed workdays and other costs outside the medical
   36  care system and the economic valuation of reduced longevity and
   37  quality of life are considered, and
   38         WHEREAS, in 2008, almost 50 percent of the money spent on
   39  food was spent away from the home and, according to a recent
   40  national poll by Peter D. Hart Research Associates, 79 percent
   41  of registered voters favor a law that would require restaurants
   42  to provide detailed nutritional information in a format
   43  available to consumers, and
   44         WHEREAS, the current economic crisis provides a unique
   45  opportunity to examine questions of fundamental importance to
   46  public health, especially those related to obesity and physical
   47  activity, and
   48         WHEREAS, the Labeling Education and Nutrition Act (LEAN)
   49  has been reintroduced into the United States House of
   50  Representatives and the United States Senate, 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         (2) As used in this section, the term:
  107         (a) “Menu” or “menu board” means the primary writing or
  108  electronic means on the premises of the food service
  109  establishment from which consumers make their order selection.
  110         (b) “Reasonable basis” means using any means of determining
  111  nutrition information for a standard food item, including
  112  nutrient information for a standard food item provided by
  113  nutrient databases, manufacturer’s labels, cookbooks, laboratory
  114  analyses, and other information offered without an intent to
  115  deceive.
  116         (c) “Standard food item” means food offered for sale at
  117  least 90 days per calendar year, but the term does not include
  118  food not separately offered for sale or food exempt under
  119  paragraph (3)(d).
  120         (3) The Department of Health shall require standard food
  121  items served or offered for sale at least 90 days per calendar
  122  year in a food service establishment, as defined in s.
  123  500.03(1)(p), to bear a label or display information that
  124  indicates in a clear and conspicuous manner the number of
  125  calories in each food item, to be determined within a reasonable
  126  basis, as follows:
  127         (a) Calories displayed on a menu board.—The number of
  128  calories shall be displayed on the menu board prior to the point
  129  of purchase by one of the following means:
  130         1. On a menu board adjacent to the item or its price;
  131         2. On a sign presenting standard food items in a manner
  132  similar to the menu board and located on the same wall as the
  133  menu board;
  134         3. On a sign at eye level in the consumer queue prior to
  135  the point of purchase; or
  136         4. By electronic means accessible to the consumer.
  137         (b) Calories displayed on a menu.—The number of calories
  138  shall be displayed on the menu prior to the point of purchase by
  139  one of the following means:
  140         1. In the menu adjacent to the item or its price; or
  141         2. In an insert that accompanies or is attached to the
  142  menu.
  143         (c) Referral statement.—A menu or a menu board shall bear a
  144  statement directing the consumer to the location of additional
  145  nutritional information that may be known and available but not
  146  required, including, but not limited to, the amount of sodium,
  147  trans fat, saturated fat, cholesterol, carbohydrates, sugars,
  148  and protein in each food item.
  149         (d) Applicability.—This subsection does not apply to:
  150         1. Food offered for sale at a not-for-profit food
  151  establishment.
  152         2. Food offered at no cost.
  153         3. Food exempted by the State Surgeon General by rule.
  154         (e) One determination per item.—A reasonable basis for
  155  determination of nutrition information may be made with
  156  appropriate accuracy by consulting nutrient databases,
  157  manufacturer’s labels, cookbooks, laboratory analyses, or other
  158  sources that provide a reasonable basis of information regarding
  159  the nutrient content of a food, notwithstanding variability in
  160  the portion size, formulation, and other characteristics of such
  161  food or its preparation method.
  162         (f) Penalty.—The department shall enforce this section
  163  during routine inspections of food service establishments and a
  164  warning notice shall be given for:
  165         1. Failing to make a disclosure required by this
  166  subsection; or
  167         2. Making a disclosure under this section with an intent to
  168  deceive.
  169  
  170  If the food service establishment does not correct the
  171  deficiency within 90 days after receiving the warning notice, an
  172  administrative fine of $100 per day shall be assessed beginning
  173  on the 91st day after notification until the food service
  174  establishment is in compliance with the requirements of this
  175  section.
  176         (g) Liability.—Unless a food service establishment
  177  knowingly and willfully violates paragraph (f), the
  178  establishment may not be held liable.
  179         (4)(2) The department may adopt rules pursuant to ss.
  180  120.536(1) and 120.54 to administer this section.
  181         (5)(3)Subsection (1) This section shall be implemented
  182  contingent on an appropriation in the General Appropriations
  183  Act.
  184         (6) Subsection (3) may be superseded by federal law if a
  185  single, consistent national nutrition labeling standard is
  186  established under federal law, rules, or regulations that
  187  accomplish the same purpose of providing responsible nutritional
  188  information to the consumer. Any restaurant may provide more
  189  information than is required under subsection (3) without
  190  penalty as long as the caloric information is included.
  191         Section 2. This act shall take effect January 1, 2011, and,
  192  from January 1, 2011, through December 31, 2011, shall apply to
  193  all food service establishments having 20 or more separate
  194  establishments in the state, and, on January 1, 2012, and
  195  thereafter, shall apply to all food service establishments in
  196  the state.

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