2014 -- H 7494

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LC003183

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HEALTH AND SAFETY

     

     Introduced By: Representative Katherine S.Kazarian

     Date Introduced: February 13, 2014

     Referred To: House Health, Education & Welfare

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 93

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THE HEALTHY STATE EMPLOYEE ACT

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     23-93-1. Short title. -- This chapter shall be known and may be cited at the "Healthy

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State Employee Act of 2014."

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     23-93-2. Statement of purpose. -- (1) Approximately twenty-five percent (25%) of state

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residents are overweight or obese;

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     (2) Obesity costs Rhode Island approximately three hundred million dollars

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($300,000,000) a year in healthcare costs, contributing to costly and debilitating diseases such as

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heart disease, stroke, and diabetes;

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     (3) Obesity is a leading modifiable risk factor contributing to the growing number of

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children with type 2 diabetes; and one quarter of children ages five (5) to ten (10) show early

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warning signs of heart disease, such as elevated blood cholesterol or high blood pressure;

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     (4) Approximately (nineteen thousand two hundred) 19,200 state residents are employed

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by the state government and work on state property. Reducing the impact of diet-related diseases

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will support a more productive and valuable workforce that will pay dividends to the state

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economy and cultivate national competitiveness for state residents and employees.

 

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     (5) State properties are visited by many state residents and visitors, and provide care for

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dependent adults and children; and

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     (6) Positive changes in the nutritional quality of food sold or provided by the state or on

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government property will assist people to make healthier choices.

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     23-93-3. Development of state food standards. -- (a) Within three (3) months following

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enactment of this act, the director of the department of health shall convene a food standards task

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force, to consist of a representative from each state agency that purchases, prepares, serves, or

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sells food, at least one dietician or nutritionist, one pediatrician, one dentist, and such other

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persons as the secretary may deem appropriate. The food standards task force shall develop state

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food standards together with the director. No later than twelve (12) months following enactment

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of this act, the department of health, based on the recommendations of task force, shall finalize

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the nutrition standards for foods served and sold by state agencies and institutions and on state

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property, report them to the legislature, and disseminate them to the heads of all state agencies

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that purchase, prepare, or serve food and beverages.

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     (b) The state food standards developed pursuant to this section shall be consistent with or

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exceed the nutrition recommendations in the most recent edition of the federal dietary guidelines

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for Americans developed by the United States department of agriculture and the United States

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department of health and human services. They should support and encourage breastfeeding,

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ensuring that employees are provided with appropriate space and adequate time for breastfeeding

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or expressing milk for their infants. They also should include recommendations for the use of

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locally grown food products to the greatest extent possible.

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     (c) The state food standards shall be reviewed and updated by the department of health as

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necessary, but no less often than every five (5) years to ensure that the standards remain current

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and science-based.

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     (d) In developing the state food standards, the food standards task force and department

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of health shall consider the following:

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     (1) Recommendations for nutrition standards for foods, beverages, or meals made by

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authoritative scientific organizations;

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     (2) Both positive and negative contributions of nutrients, ingredients, and foods to the

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diets of adults and children (including calories or portion size, saturated fat, trans fat, sodium,

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added sugars, and the presence of fruits, vegetables, whole grains, and nutrients of concern in

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Americans' diets); and

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     (3) Adaptations of the standards for different venues, such as childcare, correctional

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facilities, government meetings, or other settings with unique populations or circumstances.

 

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     23-93-4. Applicability of state food standards. -- (a) The state food standards

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developed pursuant to ยง 23-93-3 shall be applied to all foods and beverages purchased, prepared,

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served, and sold by all state agencies and institutions and sold or served on state property,

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including but not limited to:

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     (1) All government office buildings;

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     (2) Meetings and conferences hosted or funded by state agencies;

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     (3) Road-side rest stops managed or owned by the state;

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     (4) State parks and recreation centers;

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     (5) Child-care facilities managed or subsidized by the state or on state property;

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     (6) State-supported hospitals;

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     (7) Correctional facilities;

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     (8) State colleges and universities;

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     (9) Homeless shelters; and

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     (10) Senior centers.

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     (b) All purchases made by any department or division or any officer or agency on behalf

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of the state shall be made in accordance with the healthy government employees act. All contracts

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made by state agencies with food-service, catering, or vending companies or other food providers

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will ensure the food supplied will be in accordance with the state food standards. All existing

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contracts that do not meet those standards must be either immediately revised or terminated, or if

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necessary, revised or terminated at the next renewal stage of the contract.

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     23-93-5. Menu labeling for standard menu items sold on state property. -- (1) In a

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nutrient content disclosure statement adjacent to the name of the standard menu item, so as to be

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clearly associated with the standard menu item, on the menu, menu board, drive-through menu

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board, or food display tag, listing the item for sale, list the number of calories contained in the

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standard menu item, as usually prepared and offered for sale;

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     (2) Provide a succinct statement concerning suggested daily caloric intake, posted

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prominently on the menu or menu board and designed to enable the public to understand, in the

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context of a total daily diet, the significance of the caloric information that is provided on the

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menu that reads: "An average adult should consume no more than 2,000 calories a day.";

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     (3) Make available in writing at the point of ordering in the restaurant or similar retail

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establishment, disclosure of saturated fat, trans fat, sodium, and fiber, per menu item as it is

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usually offered for sale;

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     (i) The restaurant or food service establishment must include a prominent, clear, and

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conspicuous statement regarding the availability of such information on the menu or menu board;

 

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     (4) In the case of food sold at a salad bar, buffet line, cafeteria line, or similar self-service

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arrangement, and for self-service beverages or food that is on display and that is visible to

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customers, a restaurant or similar retail food establishment shall place adjacent to each food

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offered a sign that lists calories per displayed food item or per serving, as offered for sale.

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     (5) For menu items that come in different flavors, varieties, or combinations, but that are

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listed as a single menu item, such as soft drinks, ice cream, pizza, doughnuts, or children's combo

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meals, the median value for calories for all flavors, varieties, or combinations shall be listed on

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menus and menu boards if the caloric values for all flavors, varieties or combinations are within

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twenty percent (20%) of the median. If the caloric or other nutrient values are not within twenty

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percent (20%) of the median, then the range for all the flavors, varieties, or combinations of that

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menu item shall be listed from the lowest to the highest value. If a menu item that comes in

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different varieties is on display with a name placard or similar signage, the calories per item as-

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offered-for-sale shall be listed on a placard along with the name. If a menu item is not on display,

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nutrition information for each individual flavor or variety or each individual menu item that can

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be chosen as part of a combination meal shall be provided by means of an in-store brochure,

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booklet, or other device that is readily available to customers at the point of ordering. Signage

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should alert customers to the availability of such information.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY

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     This act would create the "Healthy State Employee Act" requiring healthy food to be

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served at state facilities.

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     This act would take effect upon passage.

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LC003183

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