Healthy Decisions for Healthy Eating Act, 2009 Gélinas, France — Bill 156 (39th Parliament, 1st Session)

Bill 156, 39-1

Ontario — Bills

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Bill 156, Healthy Decisions for Healthy Eating Act, 2009

Gélinas, France

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[39] Bill 156 Original (PDF)

Bill 156 2009

An Act to amend various acts respecting nutritional

information and trans fat content of foods and drinks provided by food service

premises

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History on 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 premises

16.1

(1) In

this section,

"food

service premise" means any food premise where foods or drinks are prepared for

immediate consumption or sold or served in a form that will permit immediate

consumption on the premises or elsewhere; (" lieu de restauration")

"trans fat" has the same meaning as in the Food and Drug Regulations made under

the Food and Drugs Act

(Canada). ("gras trans")

Application

(2) This

section applies to all persons who, directly or

through a subsidiary, own or operate one or more food service premises in

Ontario, or are franchisors of one or more food service premises in Ontario,

that earn total gross annual revenues of greater than $5 million.

Calorie information to be displayed

(3) A person to whom this

section applies shall ensure

that information regarding the number of calories per serving is provided for

all foods and drinks, including all varieties and flavours of such foods and

drinks, offered at a food service premise that the person owns or operates or

for which the person has granted a franchise, whether directly or through a

subsidiary.

Serving size

(4) In subsection (3), a serving is the amount that is

served or sold at the food service premise as one meal or serving.

Rules about display

(5) The information referred to in subsection (3) shall be

displayed,

(

a) on

the same menu or display board on which the food or drink options are

displayed; or

(

b) on

a tag attached to the individual food or drink item.

Same

(6) If the information referred to in subsection (3) is

displayed on a menu or display board, it shall be adjacent to the price and in

the same typeface and font size as is used for the price.

Exception

(7) If the values for the information required under

subsection (3) do not differ by more than 5 per cent among the flavours or

varieties of a food or drink offered at a food service premise, the required

information may be displayed for the whole group of flavours or varieties rather

than for each individual one.

Trans fat restriction

(8) On and after January 1, 2010, a person to whom this

section

applies shall ensure that, at a food service premise that the person owns or

operates,

(

a) the

trans fat content of any margarine, oil or shortening used in the preparation

of food or as a sauce, spread, garnish or condiment, is less than 2 per cent of

the total fat content; and

(

b) the

trans fat content of any food, drink or ingredient that contains partially

hydrogenated oils shall be less than 5 per cent of the total fat content.

Exception

(9) The requirements in subsection (8) do not apply to

foods or drinks that contain only trans fat from naturally occurring sources.

(2) Subsection 100 (3) of the Act is

amended by adding "16.1" after "16".

(3) 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.

2. The Municipal Act, 2001 is amended by

adding the following section:

Limitation re food service premise

153.1

(1) Despite anything else in

this Act or in a by-law, if a municipality is informed by an inspector

appointed under the Health

Protection and Promotion Act that a person is guilty of an

offence under

section 16.1 of that Act,

(

a) for

a second offence, the person's licence shall be suspended for one day for every

day or part of a day on which the offence occurs or continues; and

(

b) for

a subsequent offence, the person's licence shall be revoked.

Definition

(2) In this section,

"food

service premise" has the same meaning as in

section 16.1 of the Health Protection and Promotion

Act .

3. The City of Toronto Act, 2006 is amended by

adding the following section:

Limitation re food service premise

90.1

(1) Despite

anything else in this Act or in a by-law, if the City is informed by an

inspector appointed under the Health Protection and Promotion Act that a person is

guilty of an offence under

section 16.1 of that Act,

(

a) for

a second offence, the person's licence shall be suspended for one day for every

day or part of a day on which the offence occurs or continues; and

(

b) for

a subsequent offence, the person's licence shall be revoked.

Definition

(2) In this section,

"food

service premise" has the same meaning as in

section 16.1 of the Health Protection and Promotion

Act .

Commencement

4. This Act comes into force on the day it

receives Royal Assent.

Short title

5. The

short title of this Act is the Healthy Decisions for Healthy

Eating Act, 2009 .

EXPLANATORY NOTE

The

Bill amends the Health

Protection and Promotion Act to require food service premises

with total gross annual revenues of greater than $5 million to disclose certain

nutritional information for the foods and drinks served at the premises. The

Bill also limits the amount of trans fat that may be contained in such foods

and drinks.

Persons

who do not comply with the requirements are subject to fines as well as the

potential suspension or revocation of their business licence.

Date Bill stage Activity Committee

April 9, 2009

Ordered referred to Standing Committee

Standing Committee on Social Policy

April 9, 2009

Second Reading

Carried on division

April 9, 2009

Second Reading

Debate

March 10, 2009

First Reading

Carried

Debates and Progress

First Reading

March 10, 2009

Committee

Second Reading

April 9, 2009

M me France Gélinas, Mr. Khalil Ramal, Mr. Peter Shurman, Mr. Peter Tabuns, Ms. Sophia Aggelonitis, Mr. Ted Chudleigh, Ms. Helena Jaczek

April 9, 2009

Carried on division. Referred to the Standing Committee on Social Policy.

Committee

Standing Committee on Social Policy

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

Acts affected - Bill 156

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

City of Toronto Act, 2006

Health Protection and Promotion Act

Municipal Act, 2001

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 156, 39-1
Type	bill
Volume / chapter	p39 s1 bill 156 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5272ae75ab5ba459d188b0e138ae60b1147c190c

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