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Bill No. 08016700.pdf
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City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107
BILL NO. 080167
Introduced February 14, 2008
Councilmember Reynolds Brown
Referred to the
Committee on Public Health and Human Services
AN ORDINANCE
Amending Title 6 of The Philadelphia Code, entitled "Health Code," by adding a
new section requiring that chain restaurants and retail food establishments make
available certain nutrition information for food and beverage items offered for
sale, all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 6 of The Philadelphia Code is hereby amended to read as
follows:
TITLE 6. HEALTH CODE.
CHAPTER 6-100. GENERAL PROVISIONS.
* * *
§6-102. Definitions.
* * *
(6.1) Chain Restaurant. A restaurant or retail food establishment,
including but not limited to a convenience store, deli, bakery, cookie counter, ice
cream shop or coffee shop, that does business under the same trade name as used
by ten (10) or more other establishments (whether such other establishments are
located in the City or elsewhere and regardless of the type of ownership of each
individual establishment).
* * *
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(19.2) Food Tag. A written or printed description of food or beverages
placed in the vicinity of a sample item, such as a label or placard identifying a
type of ice cream or donut.
* * *
(32.1) Menu. A written or printed description of food or beverage items
offered for sale, whether in the form of a pamphlet, folio, tablet, sign, board, tag
or other form.
(32.2) Menu Board. A list of food or beverages that is posted and
intended for joint viewing by multiple customers such as back-lit marquee signs in
the area of the point of sale, chalk boards and drive-through menu signs.
* * *
§6-308. Menu Labeling Requirements For Chain Establishments.
(1) Chain restaurants shall provide nutrition information for all food or
beverage items listed for sale on menus as follows:
(a) The total number of calories (rounded to the nearest ten
calories), grams of saturated fat, grams of trans fat, grams of carbohydrates and
milligrams of sodium, per menu item as offered for sale shall be provided
adjacent to each item on the menu, in a size and typeface similar to price and
other information provided about each menu item;
(b) When menu boards or food tags are used in lieu of other
forms of menus, the nutrition information may be limited to the total number of
calories per item, provided that (i) the additional information required in
subsection (a) is made available, in writing, to customers upon request; and (ii) a
sign on or near the menu board or food tag states in clear and conspicuous
typeface: "Additional nutrition information for all menu items available upon
request."
(2) Every menu provided by a chain restaurant, or written information
provided pursuant to subsection (1)(b) when menu boards or food tags are used,
shall include, in clear and conspicuous typeface: (i) a statement of the current
U.S. Food and Drug Administration recommended limits for grams of saturated
fat (including trans fat) and milligrams of sodium for a 2,000 calorie-per-day
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diet; and (ii) the following statement: "A 2,000 calorie daily diet is used as the
basis for general nutrition advice; individual calorie needs, however, may vary."
(3) For menu items that come in different flavors and varieties but that
are listed as a single item, such as soft drinks, ice cream, pizza, and doughnuts,
the median value for calories or other nutrition information for all flavors or
varieties shall be listed if the calorie or other nutrition information for all flavors
or varieties are within 20% of the median. If the calories or other nutrition
information are not within 20% of the median, then the range for all the flavors or
varieties shall be listed. If food tags are used to identify different varieties of
similar items, the calories per serving of each item shall be listed on each food
tag.
(4) Exceptions. Chain restaurants shall not be required to provide
nutrition information for:
(a) items such as specials or limited time offerings that
appear on menus for less than thirty (30) days per year;
(b) condiments and other items placed on a table or
counter for general use without charge; and
(c) items sold in a manufacturer's original sealed package
that contain nutrition information as required by federal law.
(5) Any chain restaurant that delivers food or beverage items outside
of the premises in wrappers or boxes shall provide the information required by
this section in connection with each item delivered on each wrapper and box in a
clear and conspicuous manner.
(6) Nutrition information must be based upon analytic methods and
express nutrient content in a manner consistent with U.S. Food and Drug
Administration regulations. A menu is out of compliance with this Ordinance if
any nutrition information on the menu for any particular item varies by more than
20% from a nutrient analysis of a representative sample of the menu item.
(7) Penalties. A violation of this Section shall be punishable by a fine of
up to five hundred dollars ($500). For the purpose of enforcing the provisions of
this Section, notices of violation shall be issued by authorized Health Department
inspectors or any other persons authorized to enforce ordinances. Such notices of
violation shall be issued under the procedures set forth in §1-112, except that the
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amount required to be remitted in response to a notice of violation shall be one
hundred fifty dollars ($150).
SECTION 2. This Ordinance shall take effect one year after becoming law.
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Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.