as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 10:05am
A bill for an act
relating to commerce; requiring restaurants to serve specified drinks as the default
beverage for children's meals; providing penalties; proposing coding for new law
in Minnesota Statutes, chapter 325F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Children's meal" means a combination of food items and a beverage, or a single
food item and a beverage, sold together at a single price and primarily intended for
consumption by a child.
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(c) "Default beverage" means the beverage automatically included or offered as part of
a children's meal, absent a specific request by the children's meal purchaser for an alternative
beverage.
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(d) "Nondairy milk alternative" means a nondairy fluid milk substitute that meets the
standards for the National School Lunch Program under Code of Federal Regulations, title
7, section 210.10.
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(e) "Restaurant" means a retail food establishment that prepares, serves, and vends food
directly to the consumer.
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(a) A restaurant that sells a children's meal must make the
default beverage offered with the children's meal one of the following:
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(1) water, sparkling water, or flavored water, with no added natural or artificial
sweeteners;
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(2) unflavored milk; or
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(3) a nondairy milk alternative that contains no more than 130 calories per container or
serving.
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(b) The beverage listed or displayed on a restaurant menu or advertisement for a children's
meal must be one of the default beverages listed in paragraph (a).
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This section does not prohibit a restaurant's ability to sell or
a customer's ability to purchase an alternative beverage instead of the default beverage
offered with the children's meal upon request by the children's meal purchaser.
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The attorney general must enforce this section under section
8.31.
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This section is effective August 1, 2021.
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