BILL REQ. #:  S-4041.2 

Read first time 01/17/08.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to nutrition labeling of food; and adding a new chapter to Title 70 RCW.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Chain food establishment" means any one of at least ten food establishments within the United States doing business under the same name and collectively having at least one million dollars in gross annual sales and offering for sale substantially the same menu items, regardless of whether the food establishments are subject to the same ownership or type of ownership.
     (2) "Condiment" means a sauce or seasoning including but not limited to ketchup, mustard, hot sauce, tartar sauce, and similar items offered for general use with or without charge.
     (3) "Department" means the department of health.
     (4) "Standard menu item" means food offered for sale for more than sixty days per year, except for foods offered in a salad bar, buffet line, cafeteria service or similar self-serve arrangement, and condiments.

NEW SECTION.  Sec. 2   (1) Each chain food establishment shall make nutrition labeling of food available to consumers for all standard menu items as required by this section. The nutrition labeling of food must include, but not be limited to, the total number of calories and nutrients as follows, per standard menu item, as usually prepared and offered for sale:
     (a) Total number of calories;
     (b) Total number of grams of trans fat;
     (c) Total number of grams of saturated fat;
     (d) Total number of grams of carbohydrate; and
     (e) Total number of milligrams of sodium.
     (2) Each chain food establishment that provides a menu shall provide the nutrition labeling of food required under subsection (1) of this section next to each standard menu item on the menu in a size and typeface similar to other information about each standard menu item. The menu must include, in a clear and conspicuous manner, the following statement: "Recommended limits for a two thousand calorie daily diet are twenty grams of saturated fat and two thousand three hundred milligrams of sodium." Each chain food establishment offering standard menu items containing artificial trans fat shall amend the statement to include the following language: "Eating artificial trans fat increases risk of heart disease."
     (3) Each chain food establishment that uses a menu board shall post on the menu board the total number of calories per standard menu item in a size and typeface similar to other information on the menu board about the item. This type of chain food establishment shall make the other nutrition labeling of food required under subsection (1) of this section and the statement under subsection (2) of this section available on printed menus, pamphlets, brochures, posters, or similar documents that are plainly visible to consumers at the point of ordering.
     (4) Nothing in this section precludes chain food establishments from providing additional nutrition labeling of food voluntarily.
     (5) The department may allow chain food establishments to provide nutrition labeling of food in a format that, in the discretion of the department, provides substantially equivalent notice to consumers, at the point of ordering, of nutrition information as is required by subsection (2) or (3) of this section.
     (6) Chain food establishments shall perform or obtain the required calorie and nutrient analysis using reasonable bases, including nutrient databases, cookbooks, or other analyses that ensure the accuracy of the nutrition labeling. Chain food establishment owners or operators shall provide to the department, if requested, information documenting the accuracy of the nutrition labeling provided to consumers. A nutrition label is not in compliance with this section if it bears, for calories or any nutrient for which labeling is required under subsection (1) of this section, a total number value that is more than twenty percent lower or higher than nutrient analysis shows as the content of the menu item.
     (7) The nutrition labeling of food required under subsection (1) of this section may be presented with a disclaimer stating that there may be variations in nutrition content across servings, based on slight variations in overall serving size or quantity of ingredients, or based on special ordering.

NEW SECTION.  Sec. 3   The department is authorized to adopt rules as necessary to implement and provide for enforcement of this chapter.

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 70 RCW.