AN ACT CONCERNING ACCESS TO HEALTH AND NUTRITIONAL INFORMATION IN RESTAURANTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2009) (a) As used in this section and section 2 of this act:

(1) "Restaurant" means any entity, other than a grocery store, that is licensed, permitted, registered or inspected as a food service establishment by a local health department or district health department pursuant to section 19-13-B42 of the regulations of Connecticut state agencies.

(2) "Chain restaurant" means a restaurant that is part of a group of ten or more restaurant locations nationally, doing business under the same trade name, offering predominantly the same types of meals, foods or menus, regardless of the type of ownership of the individual restaurant locations.

(3) "Grocery store" means any store commonly known as a supermarket or food store, primarily engaged in the retail sale of all sorts of prepackaged, canned and dry goods such as tea, coffee, spices, sugar and flour, either packaged or in bulk, with or without fresh fruits and vegetables, and with or without fresh, smoked and prepared meats, fish and poultry.

(4) "Standard printed menu" means a printed menu that is provided by a restaurant to individual customers.

(5) "Major food allergen" means a major food allergen as identified by the federal Food and Drug Administration and includes: (A) Milk, eggs, fish, crustacean shellfish, tree nuts, wheat peanuts and soybeans; and (B) a food ingredient that contains protein derived from any of the foods specified in subparagraph (A) of this subdivision, except any highly refined oil derived from a food specified in subparagraph (A) of this subdivision and any ingredient derived from such highly refined oil; or a food ingredient that is exempt from major food allergen labeling requirements pursuant to an exemption as provided for in 21 USC 343(w).

(6) "Authorized agent" means any individual certified by the Commissioner of Public Health to inspect food service establishments and enforce the provisions of section 19-13-B42 of the regulations of Connecticut state agencies under the supervision or authority of the director of health.

(7) "Director of health" means the director of a local health department or district health department approved by the Commissioner of Public Health, as specified in sections 19a-200 and 19a-242 of the general statutes, respectively.

(b) On or before July 1, 2010, each chain restaurant in this state shall make available to consumers the total number of calories for each standard menu item along with identification of any major food allergen used in the preparation of such standard menu item, as that item is usually prepared and offered for sale by the chain restaurant.

(c) Each chain restaurant that uses a standard printed menu:

(1) Shall list the total number of calories next to each standard menu item and shall conspicuously identify any major food allergen used in the preparation of such standard menu item in a size and typeface similar to other information included on the standard printed menu about such item.

(2) May include on such menu a disclaimer stating that there may be variations in the total number of calories across servings of standard menu items, based on special orders or slight variations in overall serving size or quantity of ingredients.

(d) Each chain restaurant that uses only a menu board or similar sign to list the food or beverage items it offers for sale:

(1) Shall list the total number of calories next to the item and shall conspicuously identify any major food allergen used in the preparation of such standard menu item in a size and typeface similar to other information included on the menu board or sign about the item.

(2) May include on such board or sign a disclaimer stating that there may be variations in the total number of calories across servings of standard menu items, based on special orders or slight variations in overall serving size or quantity of ingredients.

(e) Notwithstanding the provisions of subsections (c) and (d) of this section:

(1) For standard menu items that come in different flavors and varieties but that are listed as a single menu item, such as soft drinks, ice cream, pizza and doughnuts, the chain restaurant shall conspicuously identify any major food allergen used in the preparation of such menu item and may list such calorie totals on standard printed menus, menu boards or similar signs listing food and beverages offered for sale by the chain restaurant as follows: (A) The median calorie total for all flavors or varieties if the calorie totals for all flavors or varieties are within twenty per cent of the median, or (B) the total calorie range for all the flavors or varieties of that menu item, listed from the lowest to the highest value.

(2) If a chain restaurant provides a salad bar, buffet line, cafeteria service or similar self-serve arrangement, the chain restaurant shall not be required to identify any major food allergen used in the preparation of such items or list calorie totals and for such items on a standard printed menu, menu board or similar sign listing food and beverages offered for sale by the chain restaurant, but shall, instead, identify any major food allergen used in the preparation of such items and list the total number of calories per serving per item in close proximity to where the items in such arrangement are offered for sale, in a size and typeface that is prominent and legible to customers selecting items from such arrangement.

(f) This section does not apply to (1) daily specials and other food or beverage items offered for sale by a chain restaurant for thirty days or less, or (2) condiments and other food items placed on tables or counters for general use without charge, such as bread.

Sec. 2. (NEW) (Effective July 1, 2009) For the purpose of enforcing the provisions of section 1 of this act, each authorized agent shall, as part of the regularly scheduled inspection of a chain restaurant, evaluate the chain restaurant's compliance with such provisions. As part of such evaluation, the director of health, an authorized agent or a registered sanitarian may request that franchisors or corporate owners of chain restaurants provide documentation of the accuracy of information identifying any major food allergen and any listed calorie totals, but the authorized agent shall not be responsible for verifying the accuracy of the information identifying any major food allergen or listed calorie totals.

Sec. 3. Section 19a-36a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to assure that food service establishments employ as food operators persons who have a knowledge of safe food handling techniques and to set requirements for the employment of food operators by such establishments. Such regulations shall include, but not be limited to, responsibilities of food service establishments and their employees, exemptions for certain classes of food establishments and responsibilities of local health departments in monitoring compliance of food establishments.

(b) On or before July 1, 2010, the Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, incorporating inspection and enforcement procedures for the requirements established in sections 1 and 2 of this act into regularly scheduled food service establishment inspections.

Statement of Purpose:

To require certain restaurants to disclose on such restaurants' standard printed menus total calorie counts for standard menu items along with information that identifies major food allergens used in the preparation of such standard menu items.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]