Bill 90 2010

An Act to amend the Health Protection and Promotion Act to require a food service premise to display the number of calories of food and drink items sold or served at the premise

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 permits immediate consumption 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 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 shall be displayed,

  (a)  on the same menu, display board or buffet cart on which the food or drink items sold or served at the food service premise are listed; or

  (b)  on a label or tag attached to the individual food or drink item sold or served at the food service premise.

Same

   (7)  If the number of calories is displayed on a menu, display board or buffet cart, it shall be displayed adjacent to the price and in the same typeface and font size that is used for the price of the food or drink item.

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 food or drink item may be displayed for the whole group of varieties or flavours rather than for each one separately.

   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.

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, 2010.

EXPLANATORY NOTE

The Bill amends the Health Protection and Promotion Act to require a food service premise with a minimum of five locations and a gross annual revenue of over $5 million to display the number of calories contained in the food and drink items that are sold or served at the premise.  The Bill makes it an offence to contravene this requirement and imposes fines for a first, second and subsequent offence.