POLICY DATABASE
S.F., Cal., Admin. Code ch. 4, 4.9-1 (current through May 4, 2018)
Brief Summary
This law provides mandatory nutritional standards and calorie labeling requirements for food and beverages sold in vending machines on city/county property; provides nutritional guidelines for food and beverages purchased by the city/county for meetings and events (which must be followed using "best efforts"); and recommends nutritional guidelines for restaurants on city/county property.
Legal Strategies
Requires something, sets standards.
Provides education, promotes awareness, or provides information.
Reach
Limited scope. Applies only to food and beverages in vending machines on city/county property and to food/beverages purchased by the city/county for meetings and events; it also includes a voluntary component for restaurants on city/county property.
Food System Category: Distribute, Get
State: California
Jurisdiction Type: City, County
Jurisdiction Name: San Francisco
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Examples: "Healthy eating is a key factor in reducing obesity, which is often a cause of heart disease, diabetes, cancer, and other serious and life-threatening diseases;" and "Positive changes in the nutritional quality of food and beverages sold on City property and served by the City can help people make healthier eating and drinking choices." § 4.9-1(a)(1)); § 4.9-1(a)(3)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Example: "Giving City employees access to healthier foods in the workplace helps reduce the impact of diet-related disease, supports a healthier and more productive workforce, and reduces the City's health care expenses." § 4.9-1(a)(4).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Yes. "Healthy eating is a key factor in reducing obesity, which is often a cause of heart disease, diabetes, cancer, and other serious and life-threatening diseases. More generally, consumption of unhealthy food and beverages contributes to the development of many ailments and debilitating diseases, which increases human suffering and decreases the quality of life, while driving health care costs up;" "Positive changes in the nutritional quality of food and beverages sold on City property and served by the City can help people make healthier eating and drinking choices;" and "As of fiscal year 2013-14, approximately 28,000 people were employed by the City and worked on City property. Giving City employees access to healthier foods in the workplace helps reduce the impact of diet-related disease, supports a healthier and more productive workforce, and reduces the City's health care expenses. Providing access to healthier food options for members of the public when they visit City property also promotes public health." § 4.9-1(a).
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Unclear. Although not labeled, "intent" or "purpose," this statement could indicate intent: "The City is committed to promoting access to healthy, nutritious food and beverages." § 4.9-1(a).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 4.9-1(b).
Does the law address implementation in some way?
Yes. Numerous implementation steps are provided including these directions: "City departments... shall include in all Contracts and Property Contracts a provision requiring compliance with subsection (c) of this Section;" "City departments shall use their best efforts to ensure that all Prepackaged Foods and beverages that are (A) served at City Meetings or City-Sponsored Events and (B) purchased using City funds meet the nutritional standards set forth in subsection (c) of this Section;" and "City departments shall use their best efforts to adhere to the following recommended nutritional guidelines for food and/or beverages that are (A) served at City Meetings or City-Sponsored Events and (B) purchased using City funds ." §§ 4.9-.1 (c)(5), (d)(2),(3).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Any violation of subsection (c) of this Section 4.9-1 shall be deemed a material breach of the Contract or Property Contract, and the City may pursue all rights or remedies available to the City under the Contract or Property Contract, including but not limited to the right to terminate the Contract or the Property Contract and the right to require the removal of the Vending Machine." § 4.9-1(c)(7)).
Does the law include an evaluation component, beyond reporting on activity?
Unclear. The law allows for the nutrition standards and guidelines to be updated based on new evidence. "The Board of Supervisors recognizes that dietary guidelines evolve over time to address pressing public health concerns and the nutrition needs of specific populations and to conform to advances in scientific and medical knowledge. Where the Department of Public Health, in consultation with the Health Service System, concludes that the nutrition standards and guidelines set forth in this Section 4.9-1 should be updated to reflect new research in the field of nutrition and health, it shall submit to the Board of Supervisors a report that describes the recommended changes and sets forth the evidence in support of those recommendations." § 4.9-1(g).
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Section 4.9-1 (Nutritional Standards for Vending Machines; Nutritional Guidelines for Food Served at City Meetings and Events; Recommended Nutritional Guidelines for Restaurants on City Property) is located in Chapter 4 (City Buildings, Equipment and Vehicles) of the Administrative Code. History: Added by Ord. 91-16 , File No. 160025 (App. 5/27/2016, Eff. 6/26/2016).