7-38-060 Default beverage for children's meals.
   (a)   In this section:
   "Children's meal" means a combination of food items, sold for a single price, intended for consumption by children.
   "Default beverage" means a beverage included by default or presented as an option as part of a children's meal absent a specific request by the purchaser of the children's meal for an alternative beverage.
   "Restaurant" means a retail food establishment that prepares and serves or vends food directly to consumers.
   (b)   Notwithstanding any other provision of law, a restaurant shall include one of the following beverages with a children's meal sold by the restaurant:
      (1)   water with no added natural or artificial sweeteners;
      (2)   sparkling water with no added natural or artificial sweeteners;
      (3)   flavored water with no added natural or artificial sweeteners;
      (4)   nonfat or 1% dairy milk containing no more than 130 calories per container or serving offered for sale;
      (5)   nondairy milk alternatives:
         (A)   with no added natural or artificial sweeteners;
         (B)   containing no more than 130 calories per container or serving as offered for sale; and
         (C)   meeting the standards for the National School Lunch Program as set forth in 7 C.F.R. 210.10; or
      (6)   100% fruit or vegetable juice or juice combined with water or carbonated water, with no added sweeteners, in a serving size of no more than 8 ounces.
   (c)   A restaurant may include a beverage with a children's meal that is not listed under subsection (b) upon the meal purchaser's request.
   (d)   Every beverage listed or displayed on a restaurant menu or in-store advertisement for a children's meal shall be one of the default beverages listed in subsection (b).
   (e)   During any inspection of a restaurant by Department of Health, the Department of Health shall inspect the restaurant to determine whether it complies with this section.
(Added Coun. J. 1-26-22, p. 43252, § 1)
Editor’s note – Coun. J. 12-13-17, p. 63286, § 3, repealed former § 7-38-060, which pertained to hospitals, day nurseries, day care centers and nursing homes.