\HOUSE OF REPRESENTATIVES

H.B. NO.

142

THIRTIETH LEGISLATURE, 2019

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

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

 


Section 1. The legislature finds that over the past thirty years, Hawaii has experienced an unprecedented increase in obesity and chronic conditions like type 2 diabetes, heart disease, liver disease, and tooth decay. The legislature also finds that obesity-related health conditions have serious economic costs. According to the most recent data available, Hawaii spent an estimated $470,000,000 on obesity-related medical costs in 2013.

The legislature further finds that soda and other sugary drinks are the single largest source of excess sugar in the American diet, accounting for nearly half of the added sugars consumed. A top source of calories in children's diets, sugary beverages contribute to the obesity epidemic and typically do not provide any nutritional benefit.

The purpose of this Act is to promote healthy meal options for children and support parents' efforts to feed their children nutritious food by ensuring that health beverages are the default option in children's meals purchased at restaurants in the State.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"321-   Default beverages offered with children's meals. (a) A restaurant that offers for sale a children's meal that includes a beverage shall offer with the children's meal as a default beverage one or more of the following:

(1) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners;

(2) Regular, low fat, or fat-free unflavored milk;

(3) A nondairy milk alternative that contains no more than one hundred thirty calories per container or serving; or

(4) A serving of eight fluid ounces or less of one hundred per cent fruit or vegetable juices, fruit or vegetable juice blends, or one hundred per cent fruit or vegetable juice diluted with water, with no added sugars.

(b) Nothing in this section shall prohibit a restaurant from selling, or a customer from purchasing, an alternative to the default beverage if requested by the purchaser of the children's meal.

(c) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

(d) As used in this section, unless the context clearly indicates otherwise:

"Children's meal" means a combination of food and a beverage, sold together at a single price by a restaurant, primarily intended for consumption by children.

"Default beverage" means a beverage automatically included or offered as part of a children's meal, absent a specific request for a substitute or alternate beverage by the purchaser of the children's meal.

"Nondairy milk alternative" means a nondairy fluid milk substitute that meets the national standards for school lunches as set forth in title 7 Code of Federal Regulations section 210.10

"Restaurant" shall mean a food establishment that serves food to customers for consumption on or off the premises, including fast-food and full-service dining establishments. It includes, but is not limited to, drive through or walk-up counters, coffee shops, cafes, pizza parlors, food stands, movie theater concession stands, and dine-in establishments. A restaurant, for purposes of this part, may provide alcoholic beverage sales for drinking on premises provided that such sales are ancillary to food service."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.



 

Report Title:

Children's Meal; Beverages; Obesity; Soda

 

Description:

Requires any restaurant that offers a children's meal to offer water, non-flavored milk, a nondairy milk substitute that has no more than 130 calories per container or serving, or no more than eight fluid ounces of fruit or vegetable juice as the default beverage choice accompanying the meal. (HB142 HD2)

 

 

 

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