[40] Bill 59 Original (PDF)
Bill 59 2013
An 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".
4. 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.