2018 -- S 2739

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LC004893

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO FOOD AND DRUGS -- HEALTHY BEVERAGE ACT

     

     Introduced By: Senators Gallo, Conley, Sosnowski, Quezada, and Pearson

     Date Introduced: March 20, 2018

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 38

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HEALTHY BEVERAGE ACT

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     21-38-1. Short title.

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     This act shall be known and may be cited as the "Healthy Beverage Act".

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     21-38-2. Definitions.

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     As used in this chapter, unless the context clearly requires otherwise:

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     (1) "Children's meal" means a combination of food and a beverage, sold together at a

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single price, primarily intended for consumption by children.

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     (2) "Default beverage" means a beverage automatically included or offered as part of a

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children's meal, absent a specific request for an alternate beverage by the purchaser of the

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children's meal.

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     (3) "Restaurant" means a food establishment that serves food to customers for

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consumption on or off the premises, including fast-food and full-service dining establishments. It

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includes, but is not limited to, drive through or walk-up counters, coffee shops, cafes, pizza

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parlors, and dine-in establishments.

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     21-38-3. Default beverages in children's meals.

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     (a) A restaurant that sells a children's meal that includes a beverage shall include a default

 

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beverage offered with the children's meal which shall be one of the following;

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     (1) Water, sparkling water, or flavored water, with no added natural or artificial

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sweeteners;

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     (2) Nonfat or one percent milk or non-dairy milk alternative containing no more than one

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hundred thirty (130) calories per container and/or serving as offered for sale; or

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     (3) One hundred percent (100%) fruit juice or fruit juice combined with water or

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carbonated water, with no added sweeteners, in a serving size of no more than eight ounces

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(8oz.).

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     (b) Nothing in this section shall prohibit a restaurant's ability to sell, or a customer's

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ability to purchase, a substitute or alternative beverage instead of the default beverage offered

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with a children's meal, if requested by the purchaser of the children's meal.

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     21-38-4. Enforcement.

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     The department of health shall implement, administer and enforce this section, and is

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hereby authorized to issue rules and regulations consistent with this section and shall have all

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necessary powers to carry out the purpose of this section.

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     SECTION 2. This act shall take effect on January 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- HEALTHY BEVERAGE ACT

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     This act would create the "Healthy Beverage Act" which would require that children's

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meals offered by restaurants include certain healthy beverage options if the beverage is

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automatically included in the meal.

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     This act would take effect on January 1, 2019.

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