§ 81.49 Sodium Warning.

   (a)   Definitions. When used in this section the following words and terms have the following meanings:

      (1)   Combination meal means a standard menu item that consists of more than one food item. A combination meal may be represented on the menu or menu board in narrative form, numerically, or pictorially. Some combination meals may include a variable menu item or be a variable menu item, as defined in this subdivision, where the components may vary and the customer selects which components will be included in the meal.

      (2)   Covered establishment means a food service establishment, as defined in 24 RCNY Health Code § 81.03 and permitted by the Department, that is part of a chain with 15 or more locations doing business under the same name and offering for sale substantially the same menu items.

      (3)   Food item with a high sodium content means any standard menu item offered by a covered establishment that contains per discrete serving unit more than or equal to 2,300 milligrams (mg) of sodium, or a combination meal offered by a covered establishment if any combination of food items available to the consumer contains more than or equal to 2,300 mg of sodium.

      (4)   Food on display means food that is visible to the customer before the customer makes a selection, so long as there is not an ordinary expectation of further preparation by the customer before consumption.

      (5)   Menu or menu board means a printed list of the names or images of a food item or items, and the primary writing of a covered establishment from which a customer makes an order selection. Menus include breakfast, lunch, and dinner menus; dessert menus; beverage menus; children's menus; other specialty menus; electronic menus; and menus on the internet, and may be in various forms, including booklets, pamphlets, single sheets of paper, or electronic screens. Determining whether a writing is or is part of the primary writing of a covered establishment depends on a number of factors, including whether the writing lists the name of a standard menu item (or an image depicting the standard menu item) and the price of the standard menu item, and whether the writing can be used by a customer to make an order selection at the time the customer is viewing the writing. Menu boards include menu boards inside the establishment as well as drive-through menu boards outside the establishment.

      (6)   Point of purchase means any place where a customer may order food within an establishment.

      (7)   Standard menu item means any individual food item or combination of food items listed or displayed on a menu or menu board that is sold by a covered establishment.

      (8)   Variable menu item means a standard menu item that comes in different flavors, varieties or combinations and is listed as a single menu item.

   (b)   Required warning. A covered establishment that offers for sale any food item with a high sodium content must provide the following warning:

      (1)   An icon must appear on a menu or menu board next to any food item with a high sodium content, or on a tag next to any food on display that is a food item with a high sodium content:

         The icon must be a black and white equilateral triangle as wide as it is tall and equal in height to the largest letter in the food item's name, as displayed on the menu, menu board, or tag next to any food on display; and

      (2)   The following statement must be posted conspicuously at the point of purchase:
"Warning:
indicates that the sodium (salt) content of this item is higher than the total daily recommended limit (2,300 mg). High sodium intake can increase blood pressure and risk of heart disease and stroke."

   (d)   Enforcement. The monetary penalty for a violation of this section is $200 dollars. Violations may be adjudicated at any tribunal operated by the Office of Administrative Trials and Hearings.

   (e)   Effective date. This section takes effect on December 1, 2015.

   (f)   Severability. If any provision of this section, or its application to any person or circumstance, is held invalid by any court of competent jurisdiction, the remaining provisions or the application of the section to other persons or circumstances shall not be affected.

(Added City Record 9/16/2015, eff. 10/16/2015)