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This Ordinance shall be known as the "Healthy Food Incentives Ordinance." The intent of this Ordinance is to improve the health of children and adolescents in San Francisco by setting healthy nutritional standards for children's meals sold at restaurants in combination with free toys or other incentive items. These standards will support families seeking healthy eating choices for their children by permitting restaurants to give away free toys and other incentive items in combination with foods only if those foods meet specified nutritional criteria. This Ordinance imposes no requirements or regulations for the advertising or labeling of food or beverages or the disclosure of ingredients.
(Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)
(a) "City" means the City and County of San Francisco.
(b) "Department" means the Department of Public Health.
(c) "Director" means the Director of the Department of Public Health, or his or her designee.
(d) "Incentive Item" means (1) any toy, game, trading card, admission ticket or other consumer product, whether physical or digital, with particular appeal to children and teens but not including "Single Use Articles" as defined in California Health & Safety Code Section 113914 as of January 1, 2009, or (2) any coupon, voucher, ticket, token, code, or password redeemable for or granting digital or other access to an item listed in (d)(1). If the incentive item consists of a food product, the food product shall be considered as part of the Meal under Section 417.4. for purposes of determining whether the Meal meets the nutritional standards.
(e) "Meal" means any combination of Food Items offered together for a single price.
(f) "Restaurant" means an establishment that stores, prepares, packages, serves, vends, or otherwise prepares food for human consumption at the retail level for consumption on or off the premises. "Restaurants" include, but are not limited to, establishments: (1) primarily engaged in providing food services to patrons who order and are served while seated, and pay after eating, (2) primarily engaged in providing food services where patrons generally order or select items and pay before eating, or (3) engaged in providing take-out food services where patrons order ready-to-eat food generally intended for immediate consumption off the premises. Restaurants may also include separately owned food facilities that are located in a grocery store but does not include the grocery store.
(Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)
(a) Meals. A Restaurant may give away a free Incentive Item in combination with the purchase of a Meal only if the Meal meets the following nutritional standards:
(1) Calories. Less than six hundred (600) calories;
(2) Sodium. Less than six hundred and forty milligrams (640 mg) of sodium;
(3) Fat. Less than thirty-five percent (35%) of total calories from fat, except for fat contained in nuts, seeds, peanut butter or other nut butters, or an individually served or packaged egg, or individually served or packaged low-fat or reduced fat cheese;
(4) Saturated Fat. Less than ten percent (10%) of total calories from saturated fats, except for saturated fat contained in nuts, seeds, peanut butter or other nut butters, an individually served or packaged egg, or individually served or packaged low-fat or reduced fat cheese;
(5) Trans Fat. Less than 0.5 grams of trans fat;
(6) If the Meal includes a Beverage, the Beverage must meet the criteria set forth below in (b).
(7) Fruits and Vegetables. Contains 0.5 cups or more of fruits and 0.75 cups or more of vegetables for a Meal unless the Meal is served as breakfast and consists of food typically considered to be breakfast items. Breakfast meals must contain 0.5 cups of fruit or vegetables.
(b) Single Food Items and Beverages. A Restaurant may give away a free Incentive Item in combination with the purchase of a Single Food Item or Beverage only if the Single Food Item or Beverage meets the following nutritional standards:
(1) Fat. Less than thirty-five percent (35%) of total calories from fat;
(2) Sugars. Less than ten percent (10%) of calories from added caloric sweeteners.
(Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)
(a) The Director may issue administrative citations for the violation of Section 471.4. San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Section.
(Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)
In adopting this Chapter, the Board of Supervisors does not intend to regulate or affect the rights or authority of the State or Federal government to do those things that are required, directed, or expressly authorized by Federal or State law. Further, in adopting this Chapter, the Board of Supervisors does not intend to prohibit or authorize that which is prohibited by Federal or State law.
(Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)
In undertaking the adoption and enforcement of this Chapter, the City is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a Person to sue for money damages for an injury that the Person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by this Chapter.
(Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)
If any of the provisions of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of this Chapter, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.
(Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)
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