POLICY DATABASE
Westchester County, N.Y., Code §533.01 et seq. (current through Dec. 15, 2017)
Brief Summary
Law requires chain food service establishments with 15 or more locations to post calorie count values for standard food items on menus and menu boards, consistent with federal law requirements. It creates a local enforcement process and outlines penalties.
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: Westchester County
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. Refers to menu labeling as showing "great promise" in promoting better health; leading to healthier fast food consumption; reducing obesity and other serious medical conditions. § 533.01.
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. Legislative findings section states: "The County Board of Legislators finds that requiring chain food service establishments to post calorie count values for standard food items on menus and menu boards continues to show great promise towards promoting better health for Westchester County residents. Some early studies have shown that such calorie labeling might lead to healthier fast food consumption which can lead to a reduction in obesity and other serious medical conditions. The County Board of Legislators believes that the Westchester County Department of Health's enforcement of a local law that requires such calorie labeling is a necessary and appropriate means of ensuring that this important nutritional information is made available to consumers. " §533.01. Findings section also includes statements about the scope of the menu labeling provisions in the federal Patient Protection and Affordable Care Act.
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. "The purpose of this chapter is to adopt the identical chain food service establishment calorie labeling requirements as are set forth in the federal Patient Protection and Affordable Care Act of 2010, so that such requirements may be enforced by the Westchester County Department of Health." § 533.01.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 533.02.
Does the law address implementation in some way?
Yes. "The Commissioner of the Department shall promulgate rules and regulations to carry out the purposes of this chapter which shall be identical to federal regulation." § 533.03.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Violators could be assessed a civil penalty of up to $1,000/day. § 533.04.
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 IV (Other Local Laws, Acts and Resolutions); Chapter 533 (Calorie Labeling of Standard Menu Items by Chain Food Service Establishments). Ordinances: L.L. No. 10-2010, § 2.