San Francisco City & Cty., Cal., Code §§ 471.1 – 471.9 (current through July 27, 2017)
Brief Summary
San Francisco's Healthy Food Incentive Ordinance allows incentive items (such as a toy) to be given away with the purchase of a meal, food, or beverage only if the meal/food/beverage meets specific nutrition standards.
Legal Strategies
Requires something, sets standards.
Prohibits/discourages something.
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. Children and adolescents (471.2), WIC families (471.1(7)).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. The law is part of the Health Code. Findings repeatedly refer to children and youth and adults struggling with obesity and overweight, unhealthy weights, and chronic diseases, including heart disease (including elevated cholesterol levels, triglyceride levels, and blood pressure), diabetes, cancer, impaired glucose tolerance. Law also refers to: healthy nutritional food, healthy food choices, fast food meal/snack, sugar-sweetened beverages, nutritional standards, fat and saturated fat, trans fat, sodium, calories, fruits and vegetables (Sec. 471.1; Sec. 471.4).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. High economic costs of healthcare and loss of productivity 471.1(6); WIC program (471.1(7)).
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. Includes long list of findings, referring to health statistics, economic impact data, and survey data specific to San Francisco. Also includes information about exisitng programs and resources dedicated to addressing and combating chronic diseases in SF, and how toys and other incentives impact food and beverage purchasing choices among children (Sec. 471.1).
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 intent of this Ordinance is to improve the health of children and adolescents in San Francisco by setting healthy nutritional standards for children's meals sold at restaurants in combination with free toys or other incentive items. These standards will support families seeking healthy eating choices for their children by permitting restaurants to give away free toys and other incentive items in combination with foods only if those foods meet specified nutritional criteria. This Ordinance imposes no requirements or regulations for the advertising or labeling of food or beverages or the disclosure of ingredients." Sec 471.2.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Sec. 471.3.
Does the law address implementation in some way?
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. The Director of the public health department may issue administrative citations. San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is incorporated by reference (471.5).
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
San Francisco Health Code, Art. 8 (Food and Food Products); Added by Healthy Food Incentives Ordinance, Ord. 290-10, File No. 101096; Eff. 12/1/2011).