POLICY DATABASE
San Francisco, Cal., Health Code art. 42 (current through July 27, 2017)
Brief Summary
Requires sugary beverages advertisements to display a warning about their health effects. Exempts ads in magazines and other publications; on TV and other electronic media; on menus; on distributors' trucks; SSB containers, and a few other types of ads.
Legal Strategies
Requires something, sets standards.
Reach
Community-wide
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?
Yes. Refers to "Low-income families are more likely to be affected by obesity and diabetes;" children enrolled in Head Start; "For adults in San Francisco, approximately 29% of Caucasians, 50% of Latinos, 29% of Asians, and 43% of African Americans consume one or more sodas each day. Of 9th graders in San Francisco, approximately 31% of Caucasians, 48% of Latinos, 31% of Asians, and 58% of African Americans consume one or more sodas each day." Sec. 4201.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "Human consumption of Sugar-Sweetened Beverages (SSBs) is linked to a myriad of serious health problems including, but not limited to: weight gain, obesity, coronary heart disease, diabetes, tooth decay, and other health problems. Scientific evidence shows that underlying these chronic health problems is metabolic syndrome (MetS)." "Among adults, consumption of SSBs is associated with a risk of weight gain and obesity, cardiovascular disease, a significantly higher risk of stroke, high blood pressure, type 2 diabetes, dental erosion, and the risk of pancreatic cancer." Sec. 4201.
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. "The San Francisco Budget and Legislative Analyst estimates that up to $61.8 million in costs incurred by San Franciscans with obesity and diabetes are attributable to sugary beverage consumption. The total national cost of diabetes in 2007 was $174 billion. " Sec. 4201.
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. The findings sections discusses the health risks associated with sugary drink consumption, and provides data about how specific populations (children, adolescents, adults, Hispanics, African Americans, low-income people, are affected by sugary drink consumption, obesity, and related chronic diseases. Sec. 4201.
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?
Yes. To inform the public of the presence of added sugars and thus promote informed consumer choice (prior to purchase) that may result in reduced caloric intake and improved diet and health, thereby reducing illnesses to which SSBs contribute and associated economic burdens. "Posting warnings that beverages are sugar-sweetened will inform the public before purchases, which will help ensure that San Franciscans make a more informed choice about the consumption of drinks that are a primary source of added dietary sugar." Sec. 4201.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Sec. 4202.
Does the law address implementation in some way?
Yes. Director may also issue guidelines pertaining to implementation. Sec 4203(c ).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Chapter 100, which is incorporated herein in its entirety, shall govern the amount of fees and the procedures for imposition, enforcement, collection, and administrative review of administrative citations. Administrative Code Chapter 100." Sec. 4204(a).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Part of San Francisco Health Code; Article 42, Sugar-Sweetened Beverages. History: Added by Ord. 100-15, File No. 150245, App. 6/25/2015, Eff. 7/25/2015, Oper. 7/25/2016.