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SB632 SUB1 Senate Bill 632 History

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COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 632

(By Senators Foster, Stollings, Jenkins and Prezioso)

____________

[Originating in the Committee on Health and Human Resources;

reported February 15, 2008.]

____________


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6, relating to the Healthy West Virginia Program; initiating the Healthy Lifestyles Restaurant Calorie Posting Program; and providing for legislative rule-making authority.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-1E-6, to read as follows:
ARTICLE 1E. HEALTHY WEST VIRGINIA PROGRAM.
§5-1E-6. Restaurant calorie posting program.
(a) The Office of Health Lifestyles shall establish a Healthy Lifestyles Restaurant Calorie Posting Program. The program shall allow voluntary participation by covered food service establishments as that term is defined in this section. The program shall be designed to address the problems affecting overweight and obese individuals, and encourage and promote healthy lifestyles.
(b) As used in this section the following words and phrases have the following meanings:
(1) "Covered food service establishment" means a food service establishment doing business in West Virginia and that is also doing business nationally, offering for sale substantially similar menu items, in servings that are standardized for portion size and content and that operate under common ownership or control, or as franchised outlets of a parent business, or do business under the same name.
(2) "Menu" means a printed list or pictorial display of a food item or items, and their price or prices that is available for sale from a covered food service establishment and shall include menus distributed or provided outside of the establishment.
(3) "Menu board" means any list or pictorial display of a food item or items and their price or prices, visibly posted within a covered food service establishment or outside of a covered food service establishment for the purpose of ordering from a drive-through window.
(4) "Menu item" means any individual food item, or combination of food items, listed or displayed on a menu board or menu that are sold by a covered food service establishment.
(5) "Food item tag" means a label or tag that identifies any food item displayed for sale at a covered food service establishment.
(c) This section shall apply to menu items served in portions the size and content of which are standardized at a covered food service establishment. This section does not apply to menu items that are listed on a menu or menu board for less than thirty days in a calendar year.
(d) The Office of Healthy Lifestyles shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section. These rules shall provide for:
(1) A procedure for gaining recognition as a participant in the Healthy Lifestyles Restaurant Calorie Posting Program which would includes the applicant providing a complete menu analysis to the Office of Healthy Lifestyles;
(2) The posting of calorie information for menu items that bear the total number of calories derived from any source for each menu item they list;
(3) A means of calculating calories content values (in kcal) based upon a verifiable analysis of the menu item;
(4) Standardize formatting for food item tags including font size and format;
(5) Specific drive-through windows requirements including the manner in which the caloric content of menu items must be displayed at or near the drive-through menu board;
(6) A means to account for the range of calorie content values for different flavors, varieties and food item combinations listed as a single menu item;
(7) Establish a universally recognizable logo to be displayed by a participating covered food service establishment showing participation in the program; and
(8) Anything additional the Office of Health Lifestyles finds necessary to effectuate the provisions of this section.
(e) Once the program begins operation, marketing shall take place through all state agencies. The West Virginia Public Employees Insurance Agency, the Bureau for Medical Services and the West Virginia Workers' Compensation Commission must aggressively market this program to their members for the purposes of health promotion among their members.

NOTE: The purpose of this bill is to initiate the Healthy Lifestyles Restaurant Calorie Posting Program, to encourage restaurants to voluntarily participate in this program and to provide that any restaurant participating in and advancing this program will be issued a universally recognized logo, suitable for public display by the business, and will benefit from the marketing of this program through all state agencies, as described in subdivision (e) of this section.


This section is new; therefore, strike-throughs and underscoring have been omitted.




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