AN ACT Relating to mitigating the adverse impacts of sugar-sweetened beverages; adding a new chapter to Title 70 RCW; prescribing penalties; and providing an effective date.

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

(a) In the United States, obesity and overweight rates have increased dramatically over the past thirty years. In Washington, over sixty-one percent of all adults are overweight, with one-quarter of all adults being obese. One-third of the nation's children are either obese or overweight. Calorie intake by American adults has increased by thirty percent in the past thirty years, with children's calorie intake also increasing. This epidemic of obese and overweight individuals has resulted in approximately one hundred ninety billion dollars in health care costs nationally. Overweight children and adults face an increased risk of diabetes, heart disease, stroke, high blood pressure, certain types of cancer, arthritis, asthma, and tooth decay. Research shows that sugar-sweetened beverage consumption is associated with long-term weight gain and increased obesity rates among children, adolescents, and adults.

(b) Evidence shows that consumption of sugar-sweetened beverages is consistently associated with an increased risk of diabetes and tooth decay. Type 2 diabetes is increasing among children; almost one-quarter of teens have either diabetes or prediabetes. Tooth decay is the most common chronic childhood disease. One-fourth of children in the United States aged two to five years and half of children aged twelve to nineteen years have experienced tooth decay. Children who excessively consume sugar-sweetened beverages are at an increased risk of dental caries, which can lead to pain, infection, tooth loss, and, in rare cases, death.

(c) Sugar-sweetened beverages, such as sweetened fruit juices, fruit drinks, carbonated soft drinks, sports drinks, energy drinks, and flavored milks, offer little or no nutritional value. A twenty ounce soft drink contains almost sixteen teaspoons of sugar, yet the American heart association recommends that Americans consume no more than six to nine teaspoons of sugar per day. Evidence demonstrates that sugar-sweetened beverages have become a more significant part of Americans' diets. Each day, nearly half of the people in the United States over the age of two consume at least one sugar-sweetened beverage, and one-quarter drink at least two hundred calories from sugar-sweetened beverages. Almost half of sugar-sweetened beverage calories consumed by Americans are consumed outside the home.

(2) It is the intent of the legislature to protect consumers and promote informed purchasing decisions by requiring a warning about the dangerous health effects of excessive consumption of sugar-sweetened beverages.

(1) "Beverage dispensing machine" means any device that dispenses a sugar-sweetened beverage into an unsealed container as a ready-to-drink beverage.

(2) "Caloric sweetener" means any substance containing calories, suitable for human consumption, that humans perceive as sweet, and includes, but is not limited to, sucrose, fructose, glucose, other sugars, and fruit juice concentrate. "Caloric sweetener" does not include noncaloric sweeteners.

(3) "Container" means any receptacle that is intended or used to hold a sugar-sweetened beverage for individual sale to a consumer, such as a bottle, box, can, cup, glass, or pouch.

(4) "Department" means the department of health, and any agency or person lawfully designated by the department to enforce or implement the provisions of this chapter.

(5) "Distribute" means to sell or otherwise provide a product to any person for resale to a consumer in the ordinary course of business within this state.

(6) "Nonalcoholic beverage" means any beverage that contains less than one-half of one percent alcohol per volume.

(7) "Noncaloric sweetener" means any substance that contains fewer than five calories per serving, suitable for human consumption, that humans perceive as sweet, and includes, but is not limited to, aspartame, saccharin, stevia, and sucralose.

(8) "Person" means any natural person, partnership, cooperative association, limited liability company, corporation, personal representative, receiver, trustee, assignee, or other legal entity.

(9) "Powder" means any solid mixture of ingredients that contains caloric sweetener, which is intended to be used in making, mixing, or compounding a sugar-sweetened beverage by combining the powder with any one or more other ingredients.

(10) "Sale" or "sell" means any distribution or transfer for a business purpose, whether or not consideration is received.

(11) "Sealed container" means a container holding a beverage, which is closed or sealed before a retailer obtains the container for resale.

(12) "Sugar-sweetened beverage" means any nonalcoholic beverage, carbonated or noncarbonated, intended for human consumption that has added caloric sweeteners and contains seventy-five calories or more per twelve fluid ounces. "Sugar-sweetened beverage" does not include:

(a) A beverage consisting of one hundred percent natural fruit or vegetable juice with no added caloric sweetener. For purposes of this subsection (12)(a), "natural fruit juice" and "natural vegetable juice" mean the original liquid resulting from the pressing of fruits or vegetables, or the liquid resulting from the dilution of dehydrated or concentrated natural fruit juice or natural vegetable juice;

(b) A dietary aid, which means a liquid product manufactured for use as:

(i) An oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages;

(ii) A source of necessary nutrition used as a result of a medical condition; or

(iii) An oral electrolyte solution for infants and children formulated to prevent dehydration due to illness;

(c) Infant formula; and

(d) Sweetened medication.

(13) "Syrup" means any liquid mixture of ingredients that contains caloric sweetener, which is intended to be used in making, mixing, or compounding a sugar-sweetened beverage by combining the syrup with any one or more other ingredients.

(14) "Unsealed container" means a container into which a beverage is dispensed or poured at the business premises where the beverage is purchased, and includes, but is not limited to, glasses, cups, and all containers for fountain drinks.

(2) The safety warning required by this section must be prominently displayed and readily legible under normal conditions, separate and apart from all other information, and must be on a contrasting background.

(3) A person may not distribute, sell, or offer for sale a multipack of sugar-sweetened beverages in sealed containers unless the multipack of beverages bears the safety warning required by subsection (1) of this section. The safety warning must be posted conspicuously on at least two sides of the multipack, in addition to being posted on each individual sealed container.

(4) A person may not distribute, sell, or offer for sale a syrup or powder in packaging that is intended for retail sale in this state unless the packaging of the syrup or powder bears the safety warning required by subsection (1) of this section. The safety warning must be posted conspicuously on the front of the packaging of the syrup or powder.

(5) The department shall adopt rules necessary to administer and implement the requirements of this section, including rules to establish the size, font, colors, placement, and durability of the safety warning. Notwithstanding subsection (1) of this section, the department shall periodically adopt rules to create alternative language for the safety warning required by this section and may require that the alternative language be posted in lieu of the safety warning set forth in subsection (1) of this section.

(a) On the exterior of any vending machine that includes a sugar-sweetened beverage for sale;

(b) On the exterior of any beverage dispensing machine used by a consumer to dispense a sugar-sweetened beverage through self-service; and

(c) At the point on the premises where any consumer would normally order or request a sugar-sweetened beverage in an unsealed container, when the unsealed container is filled by the person's employee or agent rather than the consumer.

(2) The safety warning required by this section must use the warning language prescribed by section 4(1) of this act.

(3) The safety warning required by this section must be prominently displayed and readily legible under normal conditions, separate and apart from all other information, and must be on a contrasting background.

(4) The department shall adopt rules to establish the specific guidelines for the safety warning required by this section, including regulations to establish the size, font, colors, and placement of the safety warning. Notwithstanding subsection (2) of this section, the department shall periodically adopt rules to create alternative language for the safety warning required by this section and may require that the alternative language be posted in lieu of the safety warning set forth in subsection (2) of this section.

(2) The department shall enforce the provisions of this chapter and adopt any rules necessary to implement this chapter.

(3) The department has the primary responsibility for inspections for violations of this chapter.

(4) Actions pursuant to this section may be brought by the attorney general in the name of the people of the state of Washington.

(5) Any person who violates any of the requirements of this chapter may be enjoined in any court of competent jurisdiction.

(6) Any person who has violated any of the requirements of this chapter is liable for a civil penalty not to exceed two thousand five hundred dollars per day for each violation, in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.

(7) This chapter may also be enforced through an administrative proceeding that complies with chapter 34.05 RCW, the administrative procedure act.

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