Santa Clara County Municipal Code Ch. XXII Healthy Restaurant Meals for Children

Footnotes:

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Editor's note— Ord. No. NS-300.908, adopted May 9, 2017, amended ch. XXII in its entirety to read as herein set out. Former ch. XXII, pertained to toys and other incentives with restaurant foods, consisted of §§ A18-350—A18-355, and derived from Ord. No. NS-300.820, adopted May 11, 2010.

The intent of this chapter is to improve the health of children and adolescents in the County by promoting healthy children's meals and setting healthy nutritional standards for children's meals accompanied by toys or other incentive items. This chapter will support families seeking healthy eating choices for their children by promoting healthy options when beverages are included or offered in children's meals and permitting restaurants to offer toys and other incentive items only in conjunction with foods meeting specified nutritional criteria. This chapter imposes no requirement for the labeling of food or beverages.

(Ord. No. NS-300.908, § 3, 5-9-17)

For the purposes of this chapter, the following definitions shall apply:

(a) Children's meal means any combination of single food items and/or beverages offered together for a single price and primarily intended for consumption by children.

(b) Incentive item means:

(1) Any toy, game, trading card, admission ticket or other consumer product, whether physical or digital, but not including "single use articles" as defined in California Health and Safety Code Section 113914 as of January 1, 2009, or

(2) Any coupon, voucher, ticket, token, code, or password redeemable for or granting digital or other access to a toy, game, trading card, admission ticket or other consumer product.

(c) Meal means any combination of Single Food Items and/or beverages offered together for a single price.

(d) Restaurant is as defined in Section B11-53(x) of Division B11 of the County Ordinance Code.

(e) Single food item means the complete contents of any food offered for individual sale by a Restaurant, not including beverages.

(Ord. No. NS-300.908, § 3, 5-9-17)

(a) Single food items and meals. A Restaurant may not provide an incentive item linked to the purchase of a single food item or meal if it includes any of the following:

(1) Excessive calories. More than 200 calories for a single food item, or more than 485 calories for a meal;

(2) Excessive sodium. More than 480 mg of sodium for a single food item, or more than 600 mg of sodium for a meal;

(3) Excessive fat. More than 35 percent of total calories from fat, except for fat contained in nuts, seeds, peanut butter or other nut butters, or an individually served or packaged egg, or individually served or packaged low-fat or reduced fat cheese;

(4) Excessive saturated fat. More than ten percent of total calories from saturated fats, except for saturated fat contained in nuts, seeds, peanut butter or other nut butters, an individually served or packaged egg, or individually served or packaged low-fat or reduced fat cheese;

(5) Trans fat. More than 0.5 gram of trans fat;

(6) Excessive sugars. More than ten percent of calories from added caloric sweeteners; or

(7) A beverage that fails to meet the criteria below.

(b) Beverages. A restaurant may not provide an incentive item linked to the purchase of a beverage unless the beverage is:

(1) Water (whether carbonated or not, and whether flavored or not) that contains no added sweetener; or

(2) Dairy milk (whether flavored or not) that contains no added sweetener.

(Ord. No. NS-300.908, § 5, 5-9-17)

(a) A restaurant shall not sell, or offer to sell, as part of a children's meal, any beverage other than:

(1) Water (whether carbonated or not, and whether flavored or not) that contains no added sweetener; or

(2) Dairy milk (whether flavored or not) that contains no added sweetener.

(b) Nothing in this section prohibits a restaurant from selling or offering to sell, or a customer from purchasing or requesting to purchase, any beverage that is sold separate from a children's meal.

(Ord. No. NS-300.908, § 8, 5-9-17)

(a) Civil enforcement. The County is hereby authorized to bring a legal action or claim:

(1) To enjoin any violation of this chapter;

(2) To collect any past due fine, charge, or penalty provided for under this section, or under Division A37 of the Santa Clara County Ordinance Code, resulting from a violation of this chapter; or

(3) To recover attorneys' fees and/or costs incurred in bringing any legal action pursuant to this section.

(b) Administrative enforcement.

(1) Each violation of this chapter shall be subject to an administrative fine of $250.00 for the first violation and $500.00 for the second violation.

The County reserves the right to impose fines for additional violations, not to exceed $1,000.00.

(2) Each violation of this chapter shall be subject to regulatory fees, not included in the administrative fine, not to exceed the amount reasonably necessary to recover the cost incurred by the County in the enforcement of the provisions of this chapter.

(3) The imposition, enforcement, collection, and administrative review of administrative fines and regulatory fees provided for in this chapter shall be governed by Division A37 of the Santa Clara County Ordinance Code.

(c) Fines, charges, or penalties collected as a result of a violation of this chapter, and which are not used to cover the costs of enforcement, shall be deposited into a separate account within the Public Health Department for obesity prevention and education.

(Ord. No. NS-300.908, § 6, 5-9-17)

This chapter shall be construed so as not to conflict with federal or state laws, rules or regulations. Nothing in this chapter authorizes any County agency to impose any duties or obligations in conflict with limitations on municipal authority established by federal or state law at the time such agency action is taken.

In the event that a court or agency of competent jurisdiction holds that federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Board of Supervisors that the court or agency sever such clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect.

(Ord. No. NS-300.908, § 8, 5-9-17)