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HB5419 Engrossed |
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LRB096 19818 RPM 35265 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Menu |
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| Labeling Act.
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| Section 5. Definitions. In this Act:
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| "Covered food service establishment" means a food service |
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| establishment within this State that is one of a group of 15 or |
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| more food service establishments doing business nationally, |
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| offering
for sale substantially the same menu items in servings |
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| that are standardized for portion size and content,
and that |
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| operate under common ownership or control, or as franchised |
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| outlets of a parent business, or do
business under the same |
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| name. "Covered food service establishment" does not include a |
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| restaurant that does not have a public viewing menu board and |
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| distributes printed menus to individual customers. |
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| "Menu" means a printed list or pictorial display of a food |
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| item and its price that is
available for sale from a covered |
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| food service establishment and includes menus distributed or
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| provided outside of the establishment. |
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| "Menu board" means any list or pictorial display of a food |
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| item and its price posted
in and visible within a covered food |
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| service establishment or outside of a covered food service
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HB5419 Engrossed |
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LRB096 19818 RPM 35265 b |
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| establishment for the purpose of ordering from a drive-through |
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| window. |
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| "Menu item" means any individual food item, or combination |
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| of food items, listed or displayed
on a menu board or menu that |
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| is sold by a covered food service establishment. |
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| "Food item tag" means a label or tag that identifies any |
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| food item displayed for sale at a covered
food service |
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| establishment.
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| Section 10. Scope and applicability. This Act shall apply |
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| to menu items that are served in portions the size and
content |
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| of which are standardized at a covered food service |
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| establishment. This Act shall not apply to
menu items that are |
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| listed on a menu or menu board for less than 30 days in a |
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| calendar year. This Act shall not apply to beverage alcohol, |
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| the labeling of which is not regulated by the federal Food and |
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| Drug Administration.
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| Section 15. Posting of calorie information. |
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| (a) All menu boards and menus in any covered food service
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| establishment shall display the total number of calories |
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| derived from any source for each menu item they list.
The |
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| information shall be listed clearly and conspicuously, and |
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| adjacent to or in close proximity of the item that it describes |
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| so as to be
clearly associated with the menu item, using a font |
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| and format that is at least as prominent in size and
appearance |
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HB5419 Engrossed |
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LRB096 19818 RPM 35265 b |
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| as that used to post either the name or price of the menu item. |
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| (b) Calorie content values (in kcal) required by this |
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| Section shall be based upon a
verifiable analysis of the menu |
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| item, which may include the use of nutrient databases, |
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| laboratory testing,
or other reliable methods of analysis, and |
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| shall be rounded to the nearest 10 calories for calorie
content |
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| values above 50 calories and to the nearest 5 calories for |
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| calorie content values 50 calories
and below. |
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| (c) When a food item is displayed for sale with a food item |
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| tag, the food item tag
shall include the calorie content value |
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| for that food item in a font size and format at least as |
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| prominent as
the font size of the name of the food item. |
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| (d) Calorie content values at drive-through windows shall |
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| be displayed on
either (i) the drive through menu board or (ii) |
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| an adjacent stanchion visible at or prior to the point of
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| ordering, so long as the calorie content values are as clearly |
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| and conspicuously posted on the stanchion
adjacent to their |
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| respective menu item names as the price or menu item is on the |
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| drive-through menu
board. |
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| (e) The following shall apply where there is a range of |
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| calorie content values for different flavors, varieties, or |
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| combinations of a menu item: |
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| (1) For menu items offered in different flavors and |
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| varieties, including,
but not limited to, beverages, ice |
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| cream, pizza, and doughnuts, the range of calorie content |
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| values
showing the minimum to maximum numbers of calories |
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HB5419 Engrossed |
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LRB096 19818 RPM 35265 b |
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| for all flavors and varieties of that item shall be
listed |
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| on menu boards and menus for each size offered for sale. |
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| However, the range need not
be displayed if calorie content |
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| information is included on the food item tag identifying |
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| each flavor or
variety of the food item displayed for sale, |
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| in accordance with subsection (c) of this Section. |
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| (2) For combinations of different food items listed or |
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| pictured as a single menu item,
the range of calorie |
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| content values showing the minimum to maximum numbers of |
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| calories for all combinations of that menu item shall be |
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| listed on menu boards and menus. If there is only one |
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| possible
calorie total for the combination, then that total |
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| shall be listed on menu boards and menus.
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| Section 20. Administration; enforcement. The Department of |
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| Public Health shall adopt rules to administer and enforce this |
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| Act.
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