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a. Definitions. For the purposes of this section, the following terms have the following meanings:
Added sugars. The term "added sugars" has the same meaning as used in title 21, section 101.9(c)(6)(iii) of the code of federal regulations, or any successor regulations.
Covered establishment. The term "covered establishment" means any food service establishment inspected pursuant to the restaurant grading program established pursuant to subdivision a of section 81.51 of the New York city health code that is part of a chain with 15 or more locations doing business under the same name and offering for sale substantially the same food items.
Daily value. The term "daily value" means the daily reference value established in title 21, section 101.9(c)(9) of the code of federal regulations, or any successor regulations.
Food item on display. The term "food item on display" means a prepackaged food item or non-packaged food item that is visible to the customer before the customer makes a selection.
Food service establishment. The term "food service establishment" has the same meaning as in section 81.03 of the New York city health code.
Icon. The term "icon" means a graphic or illustrated image, with or without accompanying text.
Identical to prepackaged food item. The term “identical to prepackaged food item” means a non-packaged food item offered by a food service establishment that has the same product name as a prepackaged food item and is promoted, advertised, or presented as substantially the same as that prepackaged food item as determined by the department, such as a fountain soda, coffee beverage, salad dressing, or dessert product that is sold under the same brand name in other retail locations.
Menu or menu board. The term "menu or menu board" has the same meaning as in section 81.49 of the New York city health code.
Menu item. The term “menu item” means any food item listed on a menu or menu board, as well as any seasonal, temporary, or variable menu item as defined by the department.
Non-packaged food item. The term “non-packaged food item” means a food item on display that does not have a nutrition facts label attached to it by the manufacturer pursuant to title 21, part 101 of the code of federal regulations, or any successor regulations.
Prepackaged food item. The term "prepackaged food item" means a food item that is packaged by the manufacturer and required to have a nutrition facts label pursuant to title 21, part 101 of the code of federal regulations, or any successor regulations.
b. Icon and warning statement rule.
1. The department shall issue a rule designating an icon to be displayed in a clear and conspicuous manner (i) on menus or menu boards adjacent to the menu items and (ii) on or near food items on display, that exceed a specified level of added sugars, including 100 percent or more of the daily value for added sugars, as determined by the federal food and drug administration, or another amount as specified in rules of the department.
2. For the purposes of this subdivision, a food item that is identical to a prepackaged food item will be presumed to have the same density of added sugars as is displayed on the nutrition facts panel of the corresponding prepackaged food item, as set forth in department rules, unless the food service establishment demonstrates otherwise to the satisfaction of the department.
3. Such rule shall also provide a factual warning statement about high added sugars intake.
c. Icon and warning statement required. No later than 1 year after the department issues the rule required pursuant to subdivision b of this section, a covered establishment that offers 1 or more menu items or food items on display that qualify for an icon pursuant to subdivision b of this section shall, in accordance with rules promulgated by the department:
1. Post a clearly visible icon on or near any prepackaged food item or food item identical to a prepackaged food item on display that qualifies for such icon pursuant to subdivision b of this section;
2. Post a clearly visible icon on the menu or menu board next to any prepackaged food item or food item identical to a prepackaged food item that qualifies for such icon pursuant to subdivision b of this section;
3. Post the factual warning statement required pursuant to subdivision b of this section prominently and conspicuously at the point of purchase, on the menu or menu board, and at any location where a food item requiring an icon pursuant to this subdivision is sold as a self-service item dispensed directly to the consumer; and
4. No later than 1 year after the effective date of federal regulations that require a covered establishment to include added sugars in the nutritional information of non-packaged food items available to customers, post a clearly visible icon on or near any non-packaged food item on display or on a menu or menu board that qualifies for such icon pursuant to subdivision b of this section.
d. Any covered establishment that violates any of the provisions of this section shall be liable for a civil penalty of $200 for a violation thereof.
e. No later than 3 months after the department issues the rule required by subdivision b of this section, the department shall conduct public outreach to educate covered establishments about the requirements of this local law.
f. The department shall promulgate rules for the facilitation and enforcement of this section. Nothing in this local law prohibits the department from requiring an icon or warning statement regarding additional foods, ingredients, or nutrients of concern.
(L.L. 2022/033, 1/15/2022, eff. 6/19/2024; Am. L.L. 2023/150, 11/17/2023, eff. 12/1/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/150.
a. The department shall provide sexual and reproductive health services and conduct research on sexual and reproductive health disparities within the city. In providing such services, the department shall have the power and duty to:
1. Provide outreach, education, and support to individuals, especially low-income individuals and those without health insurance, regarding issues related to sexual and reproductive health, including, but not limited to:
(a) Contraception, including a broad range of methods such as long-acting reversible contraception;
(b) Preconception health services;
(c) Abortion services;
(d) Family planning services;
(e) Testing, prevention, and treatment for HIV;
(f) Testing and treatment for sexually transmitted infections;
(g) Routine screening for breast and cervical cancer; and
(h) Health education, in community settings, to promote reproductive health, prevent unintended pregnancy, and promote access to reproductive and preventive health services.
2. Make referrals, when determined appropriate by the department, to affordable and accessible services related to contraception; abortion; family planning; breast and cervical cancer screenings; and counseling, testing, and treatment for HIV and sexually transmitted infections.
(L.L. 2022/088, 9/6/2022, eff. 9/6/2023)
a. No later than April 1, 2024, the department shall develop a plan to reduce the incidence and impact of diabetes in the city. Such plan shall, at a minimum:
1. Identify a goal percentage by which and a goal timeline in which each of the following will be reduced:
(a) new annual diagnoses of diabetes;
(b) the number of individuals with uncontrolled diabetes;
(c) the number of individuals on dialysis due in whole or in part to diabetes; and
(d) the number of amputations performed due in whole or in part to diabetes;
2. Identify a goal percentage by which and a goal timeline in which the number of individuals with diabetes that are successfully self-managing their diabetes is increased;
3. Include a description of strategies the department will utilize to realize such goals;
4. Include strategies to increase access to low- and no-cost obesity and diabetes care that may or may not include medications and treatments;
5. Be culturally appropriate and focus on social determinants of health; and
6. Be posted in plain language on the department's website and available in the designated citywide languages as defined in section 23-1101.
b. Report. No later than April 1, 2025, and every April 1 thereafter, the department shall submit to the mayor, the speaker of the council, and the chair of the New York city council committee on health, and post on its website a report on the implementation of the plan.
1. Such report shall include, for the prior year, disaggregated by the type of diabetes, geographic area, and demographic characteristics, where such data is available, provided that information included in the report shall maintain the confidentiality of any individual included in such data:
(a) The number of adults with diabetes, and the proportion of such number of the general population;
(b) The change in the incidence of diabetes, when such data is available;
(c) The change in the incidence and prevalence of uncontrolled diabetes;
(d) The change in the number of individuals on dialysis due in whole or in part to diabetes; and
(e) The number of amputations performed due in whole or in part to diabetes;
2. A description of the strategies used by the department during the prior year to achieve the goals identified by the plan;
3. A detailed description of the strategies used by the department during the prior year to promote the self-management of diabetes and increase access to devices and information that facilitate such self-management;
4. A detailed description of the strategies employed by the department to increase access to low- and no-cost obesity and diabetes care that may or may not include medications and treatments; and
5. Any new goals the department may identify to reduce the incidence of diabetes based on the content of the report.
(L.L. 2023/052, 4/16/2023, eff. 4/16/2023, repealed eff. 12/21/2034)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/052.
* Editor's note: there are two sections designated as § 17-199.21.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Income-eligible individual. The term “income-eligible individual” means a resident of the city of New York aged 18 or older whose annual gross household income is not in excess of 250 percent of the federal poverty guidelines as updated periodically in the federal register by the United States department of health and human services pursuant to subsection (2) of section 9902 of title 42 of the United States code.
Vision testing. The term “vision testing” means an eye examination to determine any need for vision correction or for such other procedures as determined by the department.
b. Subject to appropriation, the department or another agency designated by the mayor that has appropriate subject matter expertise shall establish a program to make available to all income-eligible individuals:
1. Vision testing; and
2. If such vision testing indicates a need, eyeglasses, including lenses and frames.
c. The department or designated agency:
1. Shall determine the frequency with which such vision testing and eyeglasses are made available to income-eligible individuals, provided such vision testing and eyeglasses are made available to such individuals at least once every four years;
2. Shall determine the manner by which such testing and eyeglasses are made available, including, without limitation, provision by third parties paid by a voucher issued by the department or otherwise reimbursed by the department; and
3. May establish a maximum allowable expenditure for the vision testing and eyeglasses made available to each income-eligible individual pursuant to this section, provided that the determination of such maximum allowable expenditure shall be made in consideration of the costs of such vision testing or eyeglasses to individuals outside of the program established pursuant to this section.
d. The department or designated agency may enter into contracts or agreements with third parties to implement the provisions of this section.
(L.L. 2023/084, 7/9/2023, eff. 1/5/2024)
* Editor's note: there are two sections designated as § 17-199.21.
The department shall establish and implement an outreach and education campaign to raise public awareness about programs that provide low-cost and no-cost mental health services to New Yorkers who do not qualify for or cannot afford health insurance based on federal guidelines. Such outreach and education shall include, as applicable, an explanation of how individuals may access such services, including, but not limited to, through referrals from primary care providers. The materials for such outreach and education campaign shall be made available in English and the designated citywide languages, as defined in section 23-1101.
(L.L. 2023/108, 7/23/2023, eff. 7/23/2023)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Child care program. The term “child care program” means a child care program as defined in section 47.01 of the New York city health code.
Student. The term “student” means any child who is enrolled in pre-kindergarten through grade 8 in a school of the city school district, any child who is enrolled in an early education center with which the department of education contracts to provide pre-kindergarten, and any child who is enrolled in a full-day early education program for 3-year-old children offered by the department of education.
b. The department shall make available on its website and to the 311 customer service center a list of hospitals located in the city that have emergency departments and pediatric trauma centers as designated by the state department of health. Such list shall be organized by location, as reported by the state department of health, and shall include information about medical services offered at each such location. In addition, the department shall:
1. Provide such list to pediatricians practicing in the city with materials indicating the importance of educating parents and guardians regarding available options for pediatric emergency care;
2. Within 3 months after the receipt of the report of any birth, provide such list to the address designated for receipt of the child’s certificate of registration of birth pursuant to section 17-168;
3. Provide such list to the department of education and each child care program to be distributed at least once a year to the parents and guardians of every student and every child enrolled in a child care program; and
4. Provide a link to such list on the Child Care Connect website maintained by the department.
(L.L. 2023/090, 7/9/2023, eff. 10/7/2023)
a. Report. No later than January 1, 2025, and annually thereafter, the department, in consultation with other relevant agencies as appropriate, shall submit to the mayor and the speaker of the council and post on its website a report on drownings that occurred in the city. Each report shall include the number of drownings in the year for which data on such drownings is most recently available, disaggregated, to the extent available, by:
1. The manner in which the drowning death occurred;
2. The age group of the decedent;
3. The gender identity of the decedent;
4. The race and ethnicity of the decedent;
5. Whether the decedent had any physical, medical, mental, or psychological impairment, or a history or record of such impairment, such as a seizure disorder;
6. Whether alcohol, drugs, or prescription medication was a contributing factor regarding the drowning death;
7. The type of location or facility at which the drowning death occurred, including, but not limited to, a beach, public outdoor pool, public indoor pool, private outdoor pool, or private indoor pool, and whether such location or facility has lifeguard supervision;
8. The council district in which the drowning death occurred; and
9. The community district in which the drowning death occurred.
b. Personally identifiable information. The report required pursuant to subdivision a of this section shall not disclose any identifying information, as defined in section 23-1201, about any individual or any decedent.
c. Information reported. No information that is required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of any individual or any decedent, or that would interfere with law enforcement investigations or otherwise conflict with the interests of any law enforcement agency.
(L.L. 2023/159, 11/19/2023, eff. 1/1/2024)
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