Senate Bill No. 632
(By Senators Foster, Stollings, Jenkins and Prezioso)
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[Introduced February 11, 2008; referred to the Committee on
Health and Human Resources; and then to the Committee on
Finance.]
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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; and initiating the Healthy
Lifestyles Restaurant Calorie Posting Program.
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.
The Healthy Lifestyles Restaurant Calorie Posting Program is
hereby recognized by the Office of Healthy Lifestyles as a program
which addresses the problems affecting overweight and obese
individuals, and encourages and promotes healthy lifestyles among employees and communities. 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.
(a) The following definitions and constructions of words and
terms apply to this section:
(1) "Covered food service establishment" means a food service
establishment within the State of West Virginia that is one of a
group of fifteen or more food service establishments doing business
nationally, offering for sale substantially the same menu items, in
servings that are standardized for portion size and content, 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(s), that are available for sale from
a covered food service establishment and must 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(s) posted in and visible 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 is
or 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.
(b) Scope and applicability: This section applies to menu
items that are 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.
(c) Posting calorie information for menu items: All menu
boards and menus in any covered food service establishment
participating in the Healthy Lifestyles Restaurant Calorie Posting
Program must bear the total number of calories derived from any
source for each menu item they list. This information must be
listed clearly and conspicuously, adjacent or in close proximity
such as to be clearly associated with the menu item, using a font
and format that is at least as prominent, in size and appearance,
as that used to post either the name or price of the menu item.
(1) Calculating calories: Calorie content values (in kcal)
required by this section must be based upon a verifiable analysis
of the menu item, which may include the use of nutrient databases,
laboratory testing, or other reliable methods of analysis, and must
be rounded to the nearest ten (10) calories for calorie content values above fifty (50) calories and to the nearest five (5)
calories for calorie content values fifty (50) calories and below.
(2) Food item tags: When a food item is displayed for sale
with a food item tag, such food item tag must include the calorie
content value for that food item in a font size and format at least
as prominent as the font size of the name of the food item.
(3) Drive-through windows: Calorie content values at
drive-through windows must be displayed on either the drive through
menu board, or on an adjacent stanchion visible at or prior to the
point of ordering, so long as the calorie content values are as
clearly and conspicuously posted on the stanchion adjacent to their
respective menu item names, as the price or menu item is on the
drive through menu board.
(4) Range of calorie content values for different flavors,
varieties and combinations:
(I) Different flavors and varieties: For menu items offered
in different flavors and varieties, including, but not limited to,
beverages, ice cream, pizza, and doughnuts, the range of calorie
content values showing the minimum to maximum numbers of calories
for all flavors and varieties of that item must be listed on menu
boards and menus for each size offered for sale:
Provided, That
the range need not be displayed if calorie content information is
included on the food item tag identifying each flavor or variety of
the food item displayed for sale, in accordance with subdivision (2) of this subsection.
(ii) Combinations: For combinations of different food items
listed or pictured as a single menu item, the range of calorie
content values showing the minimum to maximum numbers of calories
for all combinations of that menu item must be listed on menu
boards and menus. If there is only one possible calorie total for
the combination, then that total must be listed on menu boards and
menus.
(d) Marketing of this program 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 private
restaurants to 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 (d)
of this section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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