SF 502

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:

Section 1.

new text begin [325F.9901] CHILDREN'S MEALS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (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.
new text end

new text begin (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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new text begin (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.
new text end

new text begin (e) "Restaurant" means a retail food establishment that prepares, serves, and vends food
directly to the consumer.
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new text begin Subd. 2. new text end

new text begin Default beverage. new text end

new text begin (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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new text begin (1) water, sparkling water, or flavored water, with no added natural or artificial
sweeteners;
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new text begin (2) unflavored milk; or
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new text begin (3) a nondairy milk alternative that contains no more than 130 calories per container or
serving.
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new text begin (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).
new text end

new text begin Subd. 3. new text end

new text begin No prohibition. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin The attorney general must enforce this section under section
8.31.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end