§ 6-310.  Sodium Safety Warning Labeling for Chain Establishments. 55
   (1)   On all Menus, Menu Boards, and Food Tags, except as provided in subsection 6-310(2), Chain Restaurants must display a Sodium Warning Label next to or directly under the name of each Menu Item containing 2,300 or more milligrams (mg) of sodium, including each Menu Item that provides for variations containing fewer than 2,300 milligrams (mg) of sodium if any variation containing 2,300 or more milligrams (mg) of sodium is offered on the Menu, Menu Board, or Food Tag. Variations include any combination of customization options offered for a Menu Item on the Menu, Menu Board, or Food Tag, but do not include the results of unsolicited requests from consumers to customize a Menu Item. The name of a Menu Item next to or directly under which a Sodium Warning Label may be required (e.g., "Roast Beef Sandwich") does not include names of categories to which the Menu Item belongs (e.g., "Sandwiches") and does not include names of customization options for the Menu Item (e.g., "Whole Wheat Bread").
   (1.1)   For Menus that allow customization of a Menu Item through interactivity with consumers, including interactive electronic Menus, Chain Restaurants may, instead of displaying a static Sodium Warning Label in accordance with subsection (1), display a Sodium Warning Label dynamically so that it appears when the consumer makes a choice that would increase the sodium content of the Menu Item to 2,300 or more milligrams (mg) of sodium, and disappears when the consumer makes a choice that would decrease the sodium content of the Menu Item to fewer than 2,300 milligrams (mg) of sodium.
   (1.2)   For Menus that allow customization of a Menu Item through interactivity with consumers, including interactive electronic Menus, Chain Restaurants may, instead of displaying a static Sodium Warning Label in accordance with subsection (1), display a Sodium Warning Label next to or directly under the name of each Menu Item containing 2,300 or more milligrams (mg) of sodium and display, for Menu Items that allow customization on interactive electronic Menus that could result in the Menu Item containing 2,300 or more milligrams (mg) of sodium, the Sodium Warning Label and Sodium Warning Statement on an interpolated screen after selection and before customization of the Menu Item. Such interpolated screen shall be dedicated exclusively to the purpose of communicating information related to the requirements of this Section, shall communicate to the consumer that some variations of the selected Menu Item contain more than 2,300 milligrams (mg) of sodium, and shall explain how the consumer can procure more detailed nutritional information.
   (2)   A Menu Item intended for sharing that consists of more than one Discrete Serving (e.g., a pizza) requires a Sodium Warning Label only if each Discrete Serving contains 2,300 or more milligrams (mg) of sodium.
   (3)   Chain Restaurants required to display at least one Sodium Warning Label must make Sodium Warning Statements clearly visible and legible on any Menus, on or near any Menu Boards, and on or near any Food Tags on which at least one Sodium Warning Label appears. A Sodium Warning Statement need not appear on each page of a Menu, but shall be displayed so that a consumer would reasonably be expected to see it before selecting a Menu Item.
   (4)   Upon request by a Chain Restaurant, the Department may issue by letter determinations regarding requests for variations in the display requirements of this Section, which may include only permission for variations in location, color, or size of the Sodium Warning Label and Sodium Warning Statement display requirements.
   (5)   Compliance with this Section shall be required twelve (12) months after the effective date. Upon request of a Chain Restaurant, the Department may grant an additional compliance delay of up to six (6) months.
   (6)   Penalties. A violation of this Section shall be punishable by a fine of up to five hundred dollars ($500). For the purpose of enforcing the provisions of this Section, notices of violation shall be issued by authorized Department inspectors or any other persons authorized to enforce ordinances. Such notices of violation shall be issued under the procedures set forth in Section 1-112, except that the amount required to be remitted in response to a notice of violation shall be two hundred fifty dollars ($250).

 

Notes

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   Added, Bill No. 180001-A (approved September 12, 2018).