WHEREAS, an obesity epidemic currently undermines the health of Delawareans, as obesity is a risk factor for many chronic diseases including heart disease, stroke, diabetes, and certain forms of cancers.

WHEREAS, weight gain occurs when more calories are consumed than are expended. Several factors have contributed to the rising rates of obesity, including physical inactivity, increased portion sizes, and a reliance on eating foods away from home.

WHEREAS, the number of meals people eat outside of the home has increased dramatically, as evidenced by the percentage consumers spend of their food dollars at fast food and chain restaurants. Foods that people eat from restaurants and other food-service establishments are generally higher in calories and lower in nutrients than home-prepared foods.

WHEREAS, studies show that when we eat out, we eat more calories. Eating out, and eating extra calories while eating out, contributes disproportionately to the excess calorie intake fueling the obesity epidemic.

WHEREAS, federally mandated nutrition labeling on standardized food products for sale in supermarkets facilitates informed choice, and many Americans report that they look at calorie information on the Nutrition Facts Panel portion of the food label.

WHEREAS, food served in restaurants is not subject to federal nutrition labeling requirements. Therefore, consumers lack easily accessible information to make informed choices when eating in restaurants.

WHEREAS, successful weight loss requires that individuals reduce the amount of calories they consume. Calorie information provided at the time of food selection in food service establishments will enable Delawareans to make more informed, healthier choices and can reasonably be expected to reduce obesity and the many related health problems which obesity causes.

WHEREAS, in addition, calorie labeling in restaurants and subsequent consumer education may drive the restaurant industry to reformulate offerings with healthier ingredients and more reasonable portion sizes.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 16 of the Delaware Code by adding a new Chapter to read as follows::

“Chapter 30D. MENU LABELING REQUIREMENTS FOR CHAIN RESTAURANTS.

§3001D. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) ‘Chain Restaurant’ shall mean a retail food establishment, including but not limited to a sit-down restaurant, fast-food outlet, café, coffee shop, convenience store, deli, bakery, cookie counter, or ice cream shop, that does business under the same trade name as used by ten (10) or more other establishments doing business in Delaware or nationally, operating under common ownership or control, or as franchised outlets of a parent business.

(2) ‘Menu’ shall mean a printed list or pictorial display of food or beverage items offered for sale, and shall include menus distributed or provided outside of the establishment.

(3) ‘Menu board’ shall mean any list or pictorial display of a food item or items and their prices posted in and visible within or outside of an establishment for the purpose of advertising or ordering from a drive-through window.

(4) ‘Menu item’ shall mean any individual food or beverage item, or combination of items, listed or displayed on a menu board or menu that is/are sold by a chain restaurant. Menu items served fewer than 30 days per calendar year are excluded.

(5) ‘Food tag’ shall mean a label or tag that provides a written or printed description of food or beverages placed in the vicinity of a sample item, such as a label or placard identifying a type of ice cream or donut.

(6) ‘Point of ordering’ means the location at a chain restaurant where consumers place their orders for menu items.

§ 3002D. Menu Labeling Requirements for Chain Restaurants

(1) Chain restaurants shall provide nutrition information for all food or beverage items listed for sale as follows:

For establishments using menus:

(a) The total number of calories (rounded to the nearest ten calories), grams of saturated fat, grams of carbohydrates and milligrams of sodium, per menu item as offered for sale, shall be provided adjacent to each item on the menu, in a size and typeface similar to price and other information provided about each menu item;

(b) When menu boards or food tags are used in lieu of other forms of menus, the nutrition information may be limited to the total number of calories per item, provided that the additional information required in subsection (1)(a) is made available, in writing, to customers upon request; and a sign on or near the menu board or food tag states in clear and conspicuous typeface: “Additional nutrition information for all menu items available upon request.”

(2) Every menu provided by a chain restaurant, or written information provided pursuant to subsection (1)(b) when menu boards or food tags are used, shall include, in clear and conspicuous typeface: a statement of the current U.S. Food and Drug Administration recommended limits for grams of saturated fat and milligrams of sodium for a 2,000 calorie-per-day, and acknowledgement that limits may be higher or lower depending upon individual calorie needs.

(3) For menu items that come in different flavors and varieties but that are listed as a single item, such as soft drinks, ice cream, pizza, and doughnuts, the median value for calories or other nutrition information for all flavors or varieties shall be listed if the calorie or other nutrition information for all flavors or varieties are within 20% of the median. If the calories or other nutrition information are not within 20% of the median, then the range for all the flavors or varieties shall be listed. If food tags are used to identify different varieties of similar items, the calories per serving of each item shall be listed on each food tag.

(4) Exceptions. Chain restaurants shall not be required to provide nutrition information for:

(a) items such as specials or limited time offerings that appear on menus for less than thirty (30) days per year;

(b) condiments and other items placed on a table or counter for general use without charge; and

(c) items sold in a manufacturer’s original sealed packages that contain nutrition information as required by federal law.

(5) Any chain restaurant that provides a menu shall also provide consumers in the restaurant who are ordering menu items for carryout with access to nutrition labeling that is equivalent to that provided for all other customers.

(6) Chain restaurants are required to obtain nutrient content information for menu items that are served in portions the size and content of which are standardized. This information must be based upon a verifiable analysis of the menu item, which may include the use of nutrient databases, laboratory testing, or other reliable methods of analysis recognized by the federal Food and Drug Administration.

§3003D Enforcement; Rules and Regulations

(a) The Department of Health and Social Services, Division of Public Health shall be responsible for enforcement of this Chapter.

(b) The Department of Health and Social Services may adopt rules and regulations as necessary and reasonable to implement the provisions of this chapter.

§ 3004D Administrative penalties.

(a) Any chain restaurant that violates any provision of the chapter or any rule or regulation promulgated pursuant thereto shall be subject to an administrative penalty of $225 for a first violation and not less than $500 for each subsequent violation.

(b) Notices of violation shall be issued by the Division of Public Health.

§3005D. Education.

A public education campaign will be implemented with the objective to inform Delawareans of how many calories the average individual needs, so that consumers can better utilize the calorie information provided on menus and menu boards. The Division of Public Health will oversee the campaign, which can involve a variety of strategies, such as educational programs or the distribution of materials and resources, or any others the Division deems appropriate.

§3006D Evaluation.

The Division of Public Health, in cooperation with other state agencies and private entities, will work to evaluate the impact of this bill with respect to altering consumer choices, prompting changes in menu item offerings, and achieving the intended health outcome of reducing the prevalence of overweight and obesity in Delaware.

Section 2. This Act shall become effective one year after becoming law, with the exception of §3003D(b) which shall become effective immediately.

SPONSOR:	Sen. Sokola & Rep. Kowalko; Sens. Hall-Long, Henry; Reps. Hudson, Longhurst, Schooley