BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §
122,
Title
16
of
the
Delaware
Code
by
making
deletions
as
shown
by
strike
through
and insertions as shown by underline as
follows:
§
122
Powers
and
duties
of
the
Department
of
Health
and
Social
Services.
The Department shall have the following general powers and
duties:
(3)
Adopt,
promulgate,
amend,
and
repeal
regulations
consistent
with
law,
which
regulations
shall
not
extend, modify
or
conflict
with
any
law
of
this
State
or
the
reasonable
implications
thereof,
and
which
shall
be
enforced
by
all
state
State
and local public health officials,
to:
to do all of the
following:
u.1. Promulgate
and
enforce
standards
to
regulate
food
establishments
which
may
include,
but
are not
limited
to
,
including
restaurants,
caterers,
temporary food
vendors,
grocery
stores,
food
vending machines,
ice
manufacturers
and
cottage
industries
that
prepare
or
handle
food
for
human
consumption whenever it is determined that said food represents a hazard to the public
health.
Section 2. Amend Chapter 1, Subchapter II of
Title
16
of
the
Delaware
Code
by
making
deletions
as
shown
by
strike
through
and insertions as shown by underline as
follows:
§ 140B
Default Beverages Offered in Children’s Meals.
(a) A restaurant offering children’s meals for sale that include a beverage must offer as a default beverage with the children’s meal 1 or more of the following:
(1) Water, sparkling water, or flavored water that has no added sugar, corn syrup, or other natural or artificial sweeteners.
(2) Flavored or unflavored whole milk, nonfat or low-fat 1% or 2% dairy milk or no-dairy beverage that is nutritionally equivalent to fluid milk in a serving of 8 ounces or less.
(3) One hundred percent fruit juice or vegetable juice, combination of fruit juice and vegetable juice, or fruit juice or vegetable juice combined with water or carbonated water that has no added natural or artificial sweetener, in a serving size of 8 ounces or less.
(b) For
purposes
of
this
section:
(1) “Restaurant”
means
a commercial
establishment
that serves food to customers for consumption on or off the premises.
(2) “Children’s Meal” means a combination of food and beverage, sold together at a single price by a restaurant, primarily intended for consumption by children.
(3) “Default Beverage” means a beverage automatically included or offered as part of a children’s meal absent a specific request for a substitute or alternate beverage by the purchaser of the children’s meal.
(c) The Department shall promulgate and enforce standards to regulate this section as empowered under §
122
(3)u.1
. of this chapter. The standards shall reflect that enforcement of this section, when considered separate from other violations, may not result in fines, fees or other monetary penalties.
(d) Nothing in this section shall prohibit a restaurant from selling, or a customer from purchasing, an alternative to the default beverage if requested by the purchaser of the children’s meal.
Section 3. Section 2 of this Act shall become effective twelve (12) months after enactment into law or upon promulgation of regulations adopted under that section, whichever is the later date.
