Healthy Decisions for Healthy Eating Act, 2013 Gélinas, France — Bill 59 (40th Parliament, 2nd Session)

Bill 59, 40-2

Ontario — Bills

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Bill 59, Healthy Decisions for Healthy Eating Act, 2013

Gélinas, France

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[40] Bill 59 Original (PDF)

Bill 59 2013

Act to amend the Health Protection and Promotion Act to require food service

premises to provide nutritional information

Note:

This Act amends the Health Protection and Promotion Act .

For the legislative history of the Act, see the Table of Consolidated Public

Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The

Health Protection and Promotion Act is amended by

adding the following section:

Food

service premise

16.1

(1) In

this section,

"food

service premise" means any food premise where food or drink items are sold or

served for immediate consumption or in a form that is for immediate consumption

either on the premise or elsewhere.

Application

(2) This

section applies to all persons who own or operate

a food service premise that is part of a chain of food service premises that

has a minimum of five locations in Ontario and a gross annual revenue of over

$5 million.

Same

(3) For the purposes of subsection (2), a person who owns

or operates a food service premise includes a franchisor and a person who owns

or operates the premise indirectly through a subsidiary.

Number

of calories to be displayed

(4) A person to whom this

section applies shall display

the number of calories per serving of all food and drink items, including all

varieties, flavours and sizes of such items that are sold or served for

immediate consumption or in a form that is for immediate consumption on the

premise or elsewhere, at the food service premise that the person owns or

operates.

Serving

size

(5) For the purposes of subsection (4), a serving is the

amount that is sold or served at the food service premise as one meal or

serving.

Rules

about display

(6) The number of calories of an item shall be displayed,

(

a) on

the same menu, display board or buffet cart on which food and drink items are

listed at the premise; or

(

b) on

a label or tag attached to the individual item.

Same

(7) If the number of calories of an item is displayed on a

menu, display board or buffet cart, it shall be displayed adjacent to the price

of the item and in the same typeface and font size that is used for the price.

Exception

(8) If the number of calories does not differ by more than

5 per cent among the varieties or flavours of a food or drink item that is sold

or served at a food service premise, the average number of calories of the

varieties or flavours of the item may be displayed for the whole group of

varieties or flavours rather than for each one separately.

Nutritional

information brochure

(9) A person to whom this

section applies shall, in

accordance with the Regulations, make available at the food service premise

that the person owns or operates brochures that provide nutritional information

for all food and drink items, including all varieties, flavours and sizes of

such items that are sold or served for immediate consumption or in a form that

is for immediate consumption on the premise or elsewhere, at the food service

premise that the person owns or operates.

High

sodium content

(10) A person to whom this

section applies shall, in

accordance with subsection (11) and the Regulations, indicate high and very

high sodium content of food and drink items sold or served for immediate

consumption or in a form that is for immediate consumption on the premise or

elsewhere, at the food service premise that the person owns or operates.

Same

(11) The high or very high sodium content of an item shall

be indicated,

(

a) on

the same menu, display board or buffet cart on which food and drink items are

listed at the premise; or

(

b) on

a label or tag attached to the individual item.

2. Subsection

96 (3) of the Act is amended by adding the following clauses:

(

f) prescribing

the form of a brochure and the information that the brochure must contain for

the purposes of subsection 16.1 (9);

(f.1) prescribing

the method for determining high and very high sodium content of food and drink

and the manner in which that content is to be indicated for the purposes of

subsections 16.1 (10) and (11);

3. Subsection

100 (3) of the Act is amended by adding "16.1" after "16".

Section

101 of the Act is amended by adding the following subsection:

Offence

under s. 16.1

(1.1) Despite subsection (1), every person who is guilty

of an offence under

section 16.1 is liable on conviction to,

(

a) for

a first offence, a fine of not more than $500 for every day or part of a

day on which the offence occurs or continues; and

(

b) for

a second or subsequent offence, a fine of not more than $5,000 for every day or

part of a day on which the offence occurs or continues.

Commencement

5. This

Act comes into force eight months after the day it receives Royal Assent.

Short

title

6. The

short title of this Act is the Healthy Decisions for

Healthy Eating Act, 2013 .

EXPLANATORY

NOTE

The

Bill amends the Health Protection and Promotion Act

to require all persons who own or operate a food service premise that is

part of a chain of food service premises with a minimum of five locations in Ontario and a gross annual revenue of over $5 million to do the following:

1. Display

the number of calories contained in the food and drink items that are sold or

served for immediate consumption or in a form that is for immediate consumption

either on the premise or elsewhere, at the food service premise.

2. Make

available brochures that provide nutritional information for the food and drink

items sold or served for immediate consumption or in a form that is for

immediate consumption either on the premise or elsewhere, at the food service

premise.

3. Indicate

high and very high sodium content of food and drink items sold or served for

immediate consumption or in a form that is for immediate consumption either on

the premise or elsewhere, at the food service premise.

The

Bill makes it an offence to contravene these requirements and imposes fines for

a first, second and subsequent offence.

Date Bill stage Activity Committee

April 29, 2013

First Reading

Carried

Debates and Progress

First Reading

April 29, 2013

Committee

Second Reading

Committee

Third Reading

Acts affected - Bill 59

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Health Protection and Promotion Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 59, 40-2
Type	bill
Volume / chapter	p40 s2 bill 59 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3362ed69727486a3a70230e535f277d78d95af95

Source file is stored in the law ingest library (html).