2024 -- S 2627

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LC005395

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO FOOD AND DRUGS -- HEALTHY KIDS ACT

     

     Introduced By: Senators Lauria, Murray, Gu, McKenney, Britto, and Felag

     Date Introduced: March 01, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Legislative findings. The general assembly hereby finds and declares all of

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the following:

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     (1) Thirty-five percent (35%) of Rhode Island children are overweight or obese.

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     (2) 2022 childhood obesity rates were on the rise from pre-pandemic levels in 2019 (thirty-

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five percent (35%) in 2022 versus thirty-one percent (31%) in 2019).

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     (3) Forty percent (40%) of children in Rhode Island's core cities are overweight or obese

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compared to thirty-five percent (35%) of children in the remainder of the state.

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     (4) Forty-one percent (41%) of Latinx and forty-one percent (41%) of Black children in

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Rhode Island are overweight or obese compared to thirty-two (32%) of white children.

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     (5) Food environments are associated with food choices and diet quality.

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     (6) Childhood obesity is associated with costly chronic conditions like diabetes and heart

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disease.

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     SECTION 2. 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 KIDS ACT

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     21-38-1. Short title.

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     This chapter shall be known and may be cited as the "Healthy Kids Act".

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     21-38-2. Definitions.

 

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     As used in this chapter, the following words and terms shall have the following meanings

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unless the context shall clearly indicate another or different meaning or intent:

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     (1) "Children's meal" means a combination of food and a beverage, offered for sale together

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at a single price, primarily intended for consumption by children.

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     (2) "Default beverage" means any beverage offered as part of a children's meal.

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

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consumption on or off the premises, as defined in § 21-27-1, including, but not limited to, drive-

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through or walk-up counters, coffee shops, cafes, pizza parlors, and dine-in establishments.

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"Restaurant" does not include school cafeterias.

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     21-38-3. Nutrition standards in children's meals.

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     (a) A restaurant shall not sell any children's meal unless the restaurant offers at least two

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(2) children's meals, or twenty-five percent (25%) of the children's meals on the children's menu,

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whichever is greater, that contain no more than:

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     (1) Five hundred fifty (550) calories;

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     (2) Seven hundred (700) milligrams of sodium;

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     (3) Fifteen (15) grams of added sugars;

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     (4) Ten percent (10%) of calories from saturated fat; and

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     (5) Zero grams of trans fat.

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     (b) A restaurant shall not sell any children's meal unless the restaurant offers at least two

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(2) children's meals, or twenty-five percent (25%) of the children's meals on the children's menu,

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whichever is greater, that include servings in the specified amounts from at least two (2) of the

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following five (5) food groups, and at least one of the two (2) food groups shall be a fruit or non-

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fried vegetable:

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     (1) Fruit: one half (0.5) cup or more;

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     (2) Vegetable: one half (0.5) cup or more;

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     (3) Nonfat or low-fat dairy: one half (0.5) cup or more;

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     (4) Meat or meat alternative equaling at least:

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     (i) One ounce meat, poultry, or seafood;

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     (ii) One egg;

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     (iii) One fourth (0.25) cup pulses (beans, peas, lentils) or soy products;

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     (iv) Two (2) tablespoons nut butter; or

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     (v) One ounce nuts and seeds; or

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     (5) Whole grains: providing at least eight (8) grams of whole grains and meeting at least

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one of the following criteria:

 

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     (i) Contains fifty percent (50%) whole grain ingredients; or

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     (ii) Lists whole grains as the first ingredient.

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     21-38-4. Default beverages in children's meals.

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     (a) A restaurant shall not sell a children's meal with a beverage unless the default beverage

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is one of the following:

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     (1) Water with no added natural or artificial sweeteners;

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     (2) Unflavored nonfat or low-fat milk with no added natural or artificial sweeteners; or

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     (3) Non-dairy milk alternative that is nutritionally similar to cow's milk with no added

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natural or artificial sweeteners.

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     (b) When taking food and beverage orders for a children's meal, restaurant employees shall

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offer one of the default beverages in subsection (a) of this section.

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     (c) Nothing in this section prohibits a restaurant from selling, or a customer from

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purchasing, a beverage other than the default beverage included with a children's meal, if the

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customer requests a substitute or alternative beverage.

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     21-38-5. Menus and menu boards.

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     The children's meals and default beverages that meet the nutrition standards listed in §§

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21-38- 3 and 21-38-4 shall be listed or displayed on a restaurant's menu and menu boards, including,

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without limitation, online menus and menus used by delivery-based entities.

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     21-38-6. Enforcement.

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     (a) 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 chapter and shall have all

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necessary powers to carry out the purpose of this chapter.

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     (b) Within ninety (90) days of the effective date of this chapter, or any amendments, the

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department of health shall send a copy of the law or any such amendment, and other written

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informational resources created in accordance with subsection (c) of this section, to all restaurants

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subject to the chapter.

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     (c) The department of health shall create written informational resources and signage in

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English and Spanish summarizing the requirements of this chapter to help support restaurants and

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employees in its implementation.

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     21-38-7. Restaurants.

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     (a) All restaurants shall provide the written informational resources created in accordance

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with § 21-38-6(c) to all employees upon commencement of employment.

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     (b) Within thirty (30) days of receiving a copy of this chapter and other written

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informational resources, and on a regular basis for all new employees, while this chapter is in effect,

 

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all restaurants shall train employees on how to comply with the provisions of this chapter.

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     (c) All restaurants shall maintain records documenting the nutritional content of children's

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meal food and beverages and make such records available to the department of health on request.

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     SECTION 3. This act shall take effect on January 1, 2025.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- HEALTHY KIDS ACT

***

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     This act would mandate that all restaurants offering children's meals offer at least two (2)

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children's meals that complies with certain detailed nutritional standards set forth in the act. The

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act would further require that a nutritious meal contain no more than five hundred fifty (550)

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calories, seven hundred (700) milligrams of sodium, fifteen (15) grams added of sugars, ten percent

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(10%) of calories from saturated fat and zero grams of trans fat. The act would also require that the

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nutritious meal include at least two (2) of the five (5) food groups: fruit, vegetable, low-fat dairy,

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protein and whole grain.

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     This act would take effect on January 1, 2025.

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