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:

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

amended by adding thereto the following chapter:

CHAPTER 38

HEALTHY BEVERAGE ACT

     21-38-1. Short title.

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

     21-38-2. Definitions.

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

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

single price, primarily intended for consumption by children.

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

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

children's meal.

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

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

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

parlors, and dine-in establishments.

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

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

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

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

sweeteners;

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

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

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

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

(8oz.).

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

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

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

     21-38-4. Enforcement.

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

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

necessary powers to carry out the purpose of this section.

     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

***

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

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

automatically included in the meal.

     This act would take effect on January 1, 2019.

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