Healthy Decisions for Healthy Eating Act, 2012 Gélinas, France — Bill 86 (40th Parliament, 1st Session)

Bill 86, 40-1

Ontario — Bills

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Bill 86, Healthy Decisions for Healthy Eating Act, 2012

Gélinas, France

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[40] Bill 86 Original (PDF)

Bill 86 2012

An Act to amend the Health Protection and Promotion Act to

require a food service premise 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, 2012 .

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

May 8, 2012

First Reading

Carried

Debates and Progress

First Reading

May 8, 2012

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 86

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 86, 40-1
Type	bill
Volume / chapter	p40 s1 bill 86 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	81738ff7c9832d1d7d460e05e097fb6aa4e39a22

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