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HF 1307

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/06/2021 12:53pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; establishing requirements for healthy children's meals at
restaurants to be implemented on a phased-in basis; providing for enforcement;
amending Minnesota Statutes 2020, section 144.99, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 144.99, subdivision 1, is amended to read:


Subdivision 1.

Remedies available.

The provisions of chapters 103I and 157 and sections
115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14),
and (15)
; 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385;
144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98;
144.992; 152.22 to 152.37; new text begin 325F.179; new text end 326.70 to 326.785; 327.10 to 327.131; and 327.14
to 327.28 and all rules, orders, stipulation agreements, settlements, compliance agreements,
licenses, registrations, certificates, and permits adopted or issued by the department or under
any other law now in force or later enacted for the preservation of public health may, in
addition to provisions in other statutes, be enforced under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025.
new text end

Sec. 2.

new text begin [325F.179] HEALTHY CHILDREN'S MEALS AND BEVERAGES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is to ensure that restaurants serving
children's meals make a healthy meal and beverage readily available to children, thereby
promoting public health efforts to reduce rising rates of chronic disease and obesity, eliminate
disproportionate impacts of chronic disease and obesity affecting children, foster healthy
environments, and promote healthy lifestyles where children live, grow, learn, work, and
play.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Child-friendly restaurant" means any restaurant offering a children's meal.
new text end

new text begin (c) "Children's meal" means a combination of food items and a beverage, or a single
food item and a beverage, that are:
new text end

new text begin (1) prepared by and offered for sale at a child-friendly restaurant;
new text end

new text begin (2) sold together at a single price; and
new text end

new text begin (3) represented to be or otherwise primarily intended for consumption by children.
new text end

new text begin (d) "Commissioner" means the commissioner of health.
new text end

new text begin (e) "Default beverage" means the beverage automatically included or offered as part of
a healthy children's meal absent a specific request by the purchaser of the children's meal
for an alternative beverage.
new text end

new text begin (f) "Default side" means the side dish option available as part of a healthy children's
meal.
new text end

new text begin (g) "Healthy children's meal" means a children's meal:
new text end

new text begin (1) that contains not more than 600 calories, 770 milligrams of sodium, ten percent of
calories from saturated fat, 35 percent of calories from total sugars, 35 percent of calories
from fat, and 0.5 grams of trans fat;
new text end

new text begin (2) that includes servings selected from at least two of the following five food groups
in the amounts specified, provided at least one of the two selections from these five food
groups must be a nonfried fruit or a vegetable, excluding white potatoes, juices, condiments,
or spreads:
new text end

new text begin (i) one-half cup or more of a fruit, provided that 100 percent juice must not be used as
a fruit under this item;
new text end

new text begin (ii) one-half cup or more of a vegetable;
new text end

new text begin (iii) one cup or more of a nonfat or low-fat dairy product;
new text end

new text begin (iv) one ounce or more of a lean meat or lean protein substitute, including beef, pork,
skinless white meat poultry, fish, seafood, eggs, legumes, tofu or other soy products, nuts,
or seeds; or
new text end

new text begin (v) one-half serving of a whole grain-rich food item that provides eight grams or more
of whole grains and that satisfies at least one of the following:
new text end

new text begin (A) the first ingredient of the food item is a whole grain;
new text end

new text begin (B) the food item consists of at least 50 percent whole grains by weight of the food item;
or
new text end

new text begin (C) the food item consists of at least 50 percent whole grains by weight of the grains;
and
new text end

new text begin (3) that, when a default beverage is included, provides one of the following as a default
beverage:
new text end

new text begin (i) water, sparkling water, or flavored water with no added natural or artificial sweeteners;
or
new text end

new text begin (ii) unflavored or a nondairy milk alternative that contains no more than 130 calories
per container or serving as offered for sale and with no added natural or artificial sweeteners.
new text end

new text begin (h) "Restaurant" has the meaning given in section 157.15, subdivision 12.
new text end

new text begin Subd. 3. new text end

new text begin Phased-in implementation of healthy children's meals. new text end

new text begin (a) Each child-friendly
restaurant shall offer and sell children's meals that satisfy the requirements for healthy
children's meals in this section in accordance with the multiyear, phased-in implementation
specified in this subdivision.
new text end

new text begin (b) On or before August 1, 2022, each child-friendly restaurant shall offer and sell, in
any children's meal that includes a beverage, a default beverage that meets the requirements
in subdivision 2, paragraph (g), clause (3).
new text end

new text begin (c) On or before August 1, 2024, each child-friendly restaurant shall offer and sell, in
any children's meal that includes a side, a default side that meets the requirements in
subdivision 2, paragraph (g), clause (2), items (i) to (v).
new text end

new text begin (d) On or before August 1, 2025, each child-friendly restaurant shall offer and sell at
least one children's meal that meets all of the requirements for a healthy children's meal in
subdivision 2, paragraph (g).
new text end

new text begin Subd. 4. new text end

new text begin Alternative beverage. new text end

new text begin This section does not prohibit a restaurant from selling
or a customer from separately purchasing an alternative beverage instead of the default
beverage offered as part of a healthy children's meal at the request of the purchaser of the
healthy children's meal.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin The commissioner shall enforce this section using the tools and
authority in sections 144.989 to 144.993. The commissioner or a local unit of government
may establish a schedule of monetary penalties for violations of this section and may impose
monetary penalties that increase in size based on the number of recurring violations.
new text end

new text begin Subd. 6. new text end

new text begin Training and education. new text end

new text begin By November 1, 2021, the commissioner shall prepare
and disseminate to restaurants educational materials and information on the requirements
of this section, steps restaurants must take to comply with this section, signage, and training
for restaurant workers. The commissioner shall periodically update the educational materials
and information, requirements for compliance, signage, and training to conform with the
phased-in implementation of this section.
new text end

new text begin Subd. 7. new text end

new text begin Evaluation. new text end

new text begin On an ongoing basis, the commissioner shall evaluate the extent
to which this section results in improved health for children and adults, including reduced
rates of obesity and chronic disease affecting children and adults and reduced health
disparities experienced by children and adults from communities of color and American
Indian children.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, except that subdivision
5 is effective August 1, 2025.
new text end