SB 869: Restaurant menus: added sugar warnings.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, and requires local health agencies to enforce those provisions. Existing law makes a person who violates a provision of the code guilty of a misdemeanor. Existing law requires certain food facilities to provide written notification of the major food allergens that the food facility knows or reasonably should know are contained as an ingredient in each menu item, either directly on its menu or in a digital format, as specified.

This bill, on or before January 1, 2029, would require a chain restaurant offering a standard menu beverage item with high added sugar content, as defined, to display on its menus an added sugar icon immediately adjacent to each standard menu beverage item with high added sugar content, as specified. The bill would require a chain restaurant to display a clear and conspicuous warning explaining the added sugar icon. The bill would require a chain restaurant to display the information directly on its drive-through menus and, additionally, either on its physical menus or in a digital format, as specified. By expanding the scope of an existing crime and by imposing new duties on local health officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.