Chapter 12.72 — HEALTHY DEFAULT BEVERAGES OFFERED WITH CHILDREN’S MEALS

The following terms shall have the following meanings:

A. "Children’s Meal" means a combination of food items, or food item(s) and a beverage, sold together at a single price, primarily intended for consumption by children.

B. "Default Beverage" means the beverage automatically included or offered as part of a Children’s Meal, absent a specific request by the purchaser of the Children’s Meal for an alternative beverage.

C. "Food Vendor" means any food facility as defined by California Health and Safety Code Section 113789 permitted by the Division of Environmental Health.

D. "Milk Substitute" means a non-dairy plant-based drink served in place of milk, including but not limited to soy milk, almond milk, or rice milk. (Ord. 7560-NS § 2 (part), 2017)

A. A Food Vendor that sells a Children’s Meal that includes a beverage shall make the Default Beverage offered with the Children’s Meal one of the following:

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

2. Milk or a Milk Substitute, with no added natural or artificial sweeteners.

B. Nothing in this Section prohibits a Food Vendor’s ability to sell, or a customer’s ability to purchase, a substitute or alternative beverage instead of the Default Beverage offered with a Children’s Meal, at an additional cost, if requested by the purchaser of the Children’s Meal. (Ord. 7560-NS § 2 (part), 2017)

Compliance with this Chapter shall be administered by the Environmental Health Division. The Environmental Health Division may require a Food Vendor to provide such information as may be necessary to determine Food Vendor’s compliance with this Chapter. (Ord. 7560-NS § 2 (part), 2017)

A. Every person who violates any provision of this Chapter shall be guilty of an infraction and, upon conviction, such person shall be punishable as set forth in Chapter 1.20 of this Code.

B. Every person who violates any provision of this chapter may be subject to administrative citations pursuant to Chapter 1.28 of this Code.

C. Remedies and penalties under this chapter are cumulative and not exclusive. (Ord. 7560-NS § 2 (part), 2017)

A. The City Council may establish by resolution the fees that shall be charged to enforce the provisions of this chapter.

B. This section shall not limit the Environmental Health Division from recovering all cost associated with implementing this chapter or investigating complaints pursuant to fee resolution. (Ord. 7560-NS § 2 (part), 2017)