75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1592
House Bill 2726
Sponsored by Representatives KOTEK, GREENLICK, Senator BATES;
Senator MORRISETTE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires chain restaurant to make certain nutritional
information regarding menu items offered by restaurant available
to customers. Requires chain restaurant to inform customers of
information availability. Requires chain restaurant to post total
calorie information in specified manners and locations. Directs
Department of Human Services to adopt rules to administer and
enforce requirements.
Authorizes imposition of civil penalty for violation of
nutritional information provisions that remains uncorrected
following opportunity to cure violation without penalty. Limits
civil penalty to not less than $250 and not more than $1,000.
Makes nutritional information requirements operative January 1,
2010.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to nutritional information for consumers; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2009 Act:
(1) 'Alcoholic beverage' has the meaning given that term in ORS
471.001.
(2)(a) 'Chain restaurant' means a restaurant located in Oregon
that:
(A) Is part of an affiliation of 10 or more restaurants within
the United States;
(B) Sells standardized menu items that constitute 80 percent or
more of the menu items served in the restaurant and at least nine
of the other affiliated restaurants; and
(C) Operates under a trade name or service mark, both as
defined in ORS 647.005, that is identical or substantially
similar to the trade names or service marks of the affiliated
restaurants.
(b) 'Chain restaurant' does not mean:
(A) A restaurant located inside a facility that is subject to
State Department of Agriculture inspection under an interagency
agreement described in ORS 624.530, unless the trade name or
service mark for the restaurant differs from the trade name or
service mark of the facility containing the restaurant;
(B) A cafeteria of a public or private educational institution;
or
(C) A health care facility as defined in ORS 442.015.
(3) 'Food product' means a discrete unit serving of a
ready-to-eat food or beverage.
(4)(a) 'Food tag' means an informational label placed near a
menu item that is identified or indicated by the label.
(b) 'Food tag' does not mean a menu or menu board.
(5) 'Menu' means a pictorial or written description of menu
items that does not have a fixed location and is not intended for
joint viewing by multiple patrons.
(6)(a) 'Menu board' means a pictorial or written description of
menu items that is not a menu or food tag.
(b) 'Menu board' does not mean:
(A) A sign consisting of a trade name or service mark; or
(B) A sign designed primarily for viewing by persons who are
not on the premises of the restaurant.
(7)(a) 'Menu item' means a prepared food product or a group or
combination of prepared food products that is offered on a menu,
menu board or food tag as a distinct article for sale.
(b) 'Menu item' does not mean the following:
(A) Condiments that are made available on tables or counters
for general use without charge.
(B) Food products that are offered for sale less than 30 days
during a calendar year.
(C) Alcoholic beverages, except as provided by rule by the
Department of Human Services as described in section 4 of this
2009 Act.
(D) Food products in sealed manufacturer packaging.
(8) 'Restaurant' has the meaning given that term in ORS
624.010. + }
SECTION 2. { + (1) A chain restaurant shall determine typical
values of the following for each menu item offered by the
restaurant:
(a) Total calories.
(b) Total grams of saturated fat.
(c) Total grams of trans fat.
(d) Total grams of carbohydrates.
(e) Total milligrams of sodium.
(2) The typical values described in subsection (1) of this
section must be based on verifiable reference values, government
standards, laboratory testing or other methods for determining
nutritional values recognized by the Department of Human Services
by rule.
(3) The chain restaurant shall maintain a written list of the
typical values described in subsection (1) of this section for
all of the menu items of the restaurant and make copies of the
list available for distribution to customers. The chain
restaurant shall provide a copy of the list to a customer who is
present in the restaurant and requests nutritional information
regarding any menu item.
(4) A chain restaurant may not make available to customers any
typical values determined under this section that are
substantially inaccurate or that the restaurant knows or should
know to be false or misleading. For purposes of this subsection,
a typical value is substantially inaccurate if the value deviates
by more than 20 percent from the value determined for that menu
item by the department. + }
SECTION 3. { + (1) If a chain restaurant serves a menu item
that is not a self-service item, the chain restaurant must have a
menu, menu board or food tag that:
(a) Discloses nutritional information for the menu item as
required by this section; and
(b) Is readily visible for customer use at the location where
the customer places the order for the menu item.
(2)(a) If a chain restaurant offers a menu item for
self-service, the chain restaurant must have a menu board or food
tag, for each area of the restaurant in which the item is
displayed, that:
(A) Discloses nutritional information for the menu item as
required by this section; and
(B) Is readily visible in the area where the menu item is
displayed.
(b) If a chain restaurant offers a menu item for self-service
that the restaurant also offers on a basis that is not
self-service, the restaurant must ensure that the area where the
item is offered on a basis that is not self-service complies with
subsection (1) of this section.
(3) If a chain restaurant uses a menu or menu board, the menu
or menu board must include the following:
(a) A statement of the total calories for each of the menu
items listed on that menu or menu board. The total calorie
statement must be in a conspicuous place near the other menu or
menu board information for that menu item. If the menu or menu
board lists prices, the total calorie statement must be of a size
and typeface no less prominent than the size and typeface used to
display the price of the menu item. If the menu or menu board
does not list prices, the total calorie statement must be of a
size and typeface no less prominent than the size and typeface
used to display the least prominent of any other information
stated on the menu or menu board.
(b) In a conspicuous place, a statement listing the daily
intake amounts of calories, saturated fat and sodium recommended
by the Department of Human Services.
(c) In a conspicuous place, a statement that additional
nutritional information is available upon request.
(4) If a chain restaurant uses food tags, the food tag must
state the total calories for the menu item in a conspicuous place
on the tag. If the food tag states the price of the menu item,
the total calorie statement must be of a size and typeface no
less prominent than the size and typeface used to display the
price of the menu item. If the food tag does not state the price,
the total calorie statement must be of a size and typeface no
less prominent than the size and typeface used to display the
least prominent of any other information stated on the tag.
(5) A chain restaurant may post disclaimers stating that the
actual nutritional value of menu items may vary from the stated
total calories or other nutritional information due to variations
in preparation, size or ingredients or for custom orders.
(6) A chain restaurant may supplement the nutritional
information disclosures required by this section and section 2 of
this 2009 Act with additional consumer information. + }
SECTION 4. { + (1) The Department of Human Services shall
adopt all rules the department considers reasonable for the
administration and enforcement of sections 1 to 5 of this 2009
Act. The rules adopted by the department must include, but need
not be limited to, rules for the rounding of stated values and
the establishment of specifications for total calorie statements
and other required statements. In adopting rules under this
section, to the extent the department considers practicable, the
department shall follow any relevant United States Food and Drug
Administration practices, standards and rules for nutritional
labeling.
(2) The department shall adopt rules establishing nutritional
information disclosure requirements for menu items that a chain
restaurant makes available in more than one size or variety or
with a choice of food products. The rules may include, but need
not be limited to, rules allowing a chain restaurant to state
single values or ranges of values to disclose nutritional
information for the sizes, varieties or choices of food products.
(3) The department shall adopt rules establishing nutritional
information disclosure requirements for menu items that are
intended to serve more than one individual. The rules may
include, but need not be limited to, rules for disclosing
nutritional values of individual servings. Notwithstanding any
provision of section 2 or 3 of this 2009 Act, the department may
partially or fully exclude appetizer or dessert items that are
intended to serve more than one individual from any requirement
imposed under section 2 or 3 of this 2009 Act.
(4)(a) As used in this subsection, 'ingredient beverage ' does
not include water.
(b) The department shall adopt rules establishing total calorie
disclosure requirements for alcoholic beverages. The rules
adopted by the department:
(A) Shall apply only for an alcoholic beverage that:
(i) Is a combination or mixture of ingredient beverages; and
(ii) Is offered by the chain restaurant for 180 or more days
during a calendar year;
(B) Shall establish for each class of alcoholic ingredient
beverage a standard calorie value to be used in calculating the
total calories of an alcoholic beverage; and
(C) May not require the use of food tags on containers or
dispensers of alcoholic ingredient beverages. + }
SECTION 5. { + (1) The Department of Human Services may
inspect chain restaurants for compliance with sections 2 and 3 of
this 2009 Act and department rules adopted under section 4 of
this 2009 Act. The person operating the chain restaurant shall,
upon request of the department, permit access to all parts of the
restaurant and any records in the possession of the restaurant
regarding nutritional values or menu items and provide menu item
samples for nutritional value testing by the department.
(2) If a chain restaurant violates a provision of section 2 or
3 of this 2009 Act or a rule adopted under section 4 of this 2009
Act, the department shall provide the restaurant with written
notice informing the restaurant of the violation and stating that
the restaurant may avoid a civil penalty for the violation by
curing the violation within 60 days. If the chain restaurant
fails to cure the violation within 60 days, the department may
impose a civil penalty for the violation of not less than $250
and not more than $1,000. For a continuing violation, each 30-day
period that the violation continues after the preceding
imposition of a civil penalty is a separate offense subject to a
separate civil penalty. The department is not required to
provide the chain restaurant with an opportunity to cure the
continuing violation before imposing a civil penalty for the
continuing violation. + }
SECTION 6. { + Sections 1 to 3 and 5 of this 2009 Act become
operative on January 1, 2010. + }
SECTION 7. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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