POLICY DATABASE
Ulster County, N.Y., Code 205-1 – 205-6 (current Mar. 22, 2017)
Brief Summary
This act requires food service establishments that are part of chains of 15 or more locations to post calorie content information on menus, menu boards and food tags. Note: the federal menu labeling law passed in 2010 may impact this law.
Legal Strategies
Requires something, sets standards.
Provides education, promotes awareness, or provides information.
Reach
Community-wide
Food System Category: Process, Get
State: New York
Jurisdiction Type: County
Jurisdiction Name: Ulster County
Does the law refer to priority populations in some way?
Yes. See references to "children," " first graders," "second graders," and "teens" § 205-3.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See, e.g., references to "healthy eating and living," "healthy weight," "public health crisis," and "calorie content values." § 205-3.
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?
No.
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. Several findings are cited at Sec. 205-3. They include, inter alia: "That in 2007 36.15% of the children attending school in school districts in Ulster County were overweight or at risk of becoming overweight;" "according to the United States Centers for Disease Control, since the mid seventies, the prevalence of overweight and obesity has increased sharply for both adults and children;" and "a key recommendation of a recent Food and Drug Administration sponsored expert group report on obesity and eating away from the home was that "Away-from-home food establishments should provide consumers with calorie information in a standard format that is easily accessible and easy to use."" § 205-3.
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. Sec. 205-3(F) is not entitled "intent" or "purpose," but provides: "this article will require chain food service establishments in Ulster County to list the calorie content values of menu items on menus and menu boards. Such information, clearly displayed at the point of decision, will allow consumers in Ulster County to exercise personal responsibility and make informed choices for a growing part of their diets." § 205-3(F).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 205-4.
Does the law address implementation in some way?
Yes. The Ulster County Board of Health may promulgate rules and regulations as may be necessary to outline parameters and procedures and as may otherwise be necessary to effectuate the purposes of this article." § 205-2(D).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Any person who violates any provision of this article shall be guilty of a violation punishable by a civil penalty not to exceed $200 a day." § 205-5(F).
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
Sections 205-1 through 205-6 are located in Part II (General Legislation), Chapter 205 (Food Service), Article I (Menu Labeling). History: adopted 4-7-2009 by L.L. No. 1-2009.