Full Text of HB5419 096th General Assembly
HB5419eng 96TH GENERAL ASSEMBLY
|
|
|
HB5419 Engrossed |
|
LRB096 19818 RPM 35265 b |
|
| 1 |
| AN ACT concerning health.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Short title. This Act may be cited as the Menu | 5 |
| Labeling Act. | 6 |
| Section 5. Definitions. In this Act:
| 7 |
| "Covered food service establishment" means a food service | 8 |
| establishment within this State that is one of a group of 15 or | 9 |
| more food service establishments doing business nationally, | 10 |
| offering
for sale substantially the same menu items in servings | 11 |
| that are standardized for portion size and content,
and that | 12 |
| operate under common ownership or control, or as franchised | 13 |
| outlets of a parent business, or do
business under the same | 14 |
| name. "Covered food service establishment" does not include a | 15 |
| restaurant that does not have a public viewing menu board and | 16 |
| distributes printed menus to individual customers. | 17 |
| "Menu" means a printed list or pictorial display of a food | 18 |
| item and its price that is
available for sale from a covered | 19 |
| food service establishment and includes menus distributed or
| 20 |
| provided outside of the establishment. | 21 |
| "Menu board" means any list or pictorial display of a food | 22 |
| item and its price posted
in and visible within a covered food | 23 |
| service establishment or outside of a covered food service
|
|
|
|
HB5419 Engrossed |
- 2 - |
LRB096 19818 RPM 35265 b |
|
| 1 |
| establishment for the purpose of ordering from a drive-through | 2 |
| window. | 3 |
| "Menu item" means any individual food item, or combination | 4 |
| of food items, listed or displayed
on a menu board or menu that | 5 |
| is sold by a covered food service establishment. | 6 |
| "Food item tag" means a label or tag that identifies any | 7 |
| food item displayed for sale at a covered
food service | 8 |
| establishment. | 9 |
| Section 10. Scope and applicability. This Act shall apply | 10 |
| to menu items that are served in portions the size and
content | 11 |
| of which are standardized at a covered food service | 12 |
| establishment. This Act shall not apply to
menu items that are | 13 |
| listed on a menu or menu board for less than 30 days in a | 14 |
| calendar year. This Act shall not apply to beverage alcohol, | 15 |
| the labeling of which is not regulated by the federal Food and | 16 |
| Drug Administration. | 17 |
| Section 15. Posting of calorie information. | 18 |
| (a) All menu boards and menus in any covered food service
| 19 |
| establishment shall display the total number of calories | 20 |
| derived from any source for each menu item they list.
The | 21 |
| information shall be listed clearly and conspicuously, and | 22 |
| adjacent to or in close proximity of the item that it describes | 23 |
| so as to be
clearly associated with the menu item, using a font | 24 |
| and format that is at least as prominent in size and
appearance |
|
|
|
HB5419 Engrossed |
- 3 - |
LRB096 19818 RPM 35265 b |
|
| 1 |
| as that used to post either the name or price of the menu item. | 2 |
| (b) Calorie content values (in kcal) required by this | 3 |
| Section shall be based upon a
verifiable analysis of the menu | 4 |
| item, which may include the use of nutrient databases, | 5 |
| laboratory testing,
or other reliable methods of analysis, and | 6 |
| shall be rounded to the nearest 10 calories for calorie
content | 7 |
| values above 50 calories and to the nearest 5 calories for | 8 |
| calorie content values 50 calories
and below. | 9 |
| (c) When a food item is displayed for sale with a food item | 10 |
| tag, the food item tag
shall include the calorie content value | 11 |
| for that food item in a font size and format at least as | 12 |
| prominent as
the font size of the name of the food item. | 13 |
| (d) Calorie content values at drive-through windows shall | 14 |
| be displayed on
either (i) the drive through menu board or (ii) | 15 |
| an adjacent stanchion visible at or prior to the point of
| 16 |
| ordering, so long as the calorie content values are as clearly | 17 |
| and conspicuously posted on the stanchion
adjacent to their | 18 |
| respective menu item names as the price or menu item is on the | 19 |
| drive-through menu
board. | 20 |
| (e) The following shall apply where there is a range of | 21 |
| calorie content values for different flavors, varieties, or | 22 |
| combinations of a menu item: | 23 |
| (1) For menu items offered in different flavors and | 24 |
| varieties, including,
but not limited to, beverages, ice | 25 |
| cream, pizza, and doughnuts, the range of calorie content | 26 |
| values
showing the minimum to maximum numbers of calories |
|
|
|
HB5419 Engrossed |
- 4 - |
LRB096 19818 RPM 35265 b |
|
| 1 |
| for all flavors and varieties of that item shall be
listed | 2 |
| on menu boards and menus for each size offered for sale. | 3 |
| However, the range need not
be displayed if calorie content | 4 |
| information is included on the food item tag identifying | 5 |
| each flavor or
variety of the food item displayed for sale, | 6 |
| in accordance with subsection (c) of this Section. | 7 |
| (2) For combinations of different food items listed or | 8 |
| pictured as a single menu item,
the range of calorie | 9 |
| content values showing the minimum to maximum numbers of | 10 |
| calories for all combinations of that menu item shall be | 11 |
| listed on menu boards and menus. If there is only one | 12 |
| possible
calorie total for the combination, then that total | 13 |
| shall be listed on menu boards and menus.
| 14 |
| Section 20. Administration; enforcement. The Department of | 15 |
| Public Health shall adopt rules to administer and enforce this | 16 |
| Act.
|
|