HB2180 - 522R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 36, chapter 8, Arizona Revised Statutes, is amended by adding article 2, to read:

ARTICLE 2. STATE FOOD STANDARDS

START_STATUTE36-931. Food standards task force; development of state food standards; requirements; task force termination

A. Within three months after the effective date of this section, the director of the department of health services shall establish a food standards task force that consists of the following members:

1. One representative from each state agency that purchases, prepares, serves or sells food on state property.

2. At least one dietitian or nutritionist, one pediatrician and one dentist.

3. Any other person the director would like to appoint.

B. The food standards task force shall develop state food standards in conjunction with the director of the department of health services. Not later than twelve months after the effective date of this section, the department of health services, based on the recommendations of the task force, shall finalize the state food standards for foods that are served and sold by state agencies and institutions or on state property and shall communicate the standards to the director of each state agency or institution that purchases, prepares, serves or sells food and beverage.

C. The state food standards developed pursuant to this section shall:

1. Be consistent with or exceed the nutrition recommendations in the most recent edition of the federal dietary guidelines for Americans developed by the United states department of agriculture and the United States department of health and human services.

2. Support and encourage breastfeeding and ensure that employees are provided with appropriate space and adequate time for breastfeeding or expressing milk for their infants.

3. Include recommendations for the use of locally grown food products to the greatest extent possible.

D. In developing the state food standards, the food standards task force and the department shall consider all of the following:

1. Recommendations for nutrition standards for foods, beverages and meals made by authoritative scientific organizations.

2. Both positive and negative contributions of nutrients, ingredients and foods to the diets of adults and children, including calories or portion size, saturated fat, trans fat, sodium, added sugars and the presence of fruits, vegetables, whole grains and nutrients of concern in Americans' diets.

3. Adaptations of the standards for different venues, including child care facilities, correctional facilities, government meetings or other settings with unique populations or circumstances.

E. The department shall review and update The state food standards as necessary but at least every five years to ensure that the standards remain current and science-based.

F. The food standards task force established by this section ends on July 1, 2024 pursuant to section 41-3103. END_STATUTE

START_STATUTE36-932. State food standards; applicability

A. The state food standards developed pursuant to section 36‑931 apply to all foods and beverages that are purchased, prepared, served and sold by all state agencies and institutions and that are sold or served on state property, including:

1. All state government office buildings.

2. Meetings and conferences that are hosted or funded by a state agency.

3. Roadside rest stops that are managed or owned by this state.

4. State parks and recreation centers.

5. Child care facilities that are managed or subsidized by this state or that are located on state property.

6. State-supported hospitals.

7. Correctional facilities.

8. State institutions of higher education.

9. Homeless shelters that are operated by this state.

10. Senior centers that are operated by this state.

B. All purchases that are made by any department or division or any officer or agency on behalf of this state shall be made in accordance with this article. All contracts that are entered into by a state agency with a food service, catering or vending company or other food provider shall ensure that the food supplied will comply with the state food standards adopted pursuant to this article. All existing contracts that do not meet the state food standards shall be revised or terminated at the next renewal stage of the contract. END_STATUTE

START_STATUTE36-933. Menu labeling; standard menu items; state property

If a food, beverage or combination meal is a standard menu item that is offered for sale on state property or by a state agency or institution, the restaurant or food service establishment that is not part of a chain with twenty or more outlets nationally shall:

1. In a nutrient content disclosure statement that is adjacent to the name of the standard menu item and clearly associated with the standard menu item, on the menu, menu board, drive-through menu board or food display tag listing the item for sale, list the number of calories contained in the standard menu item as it is usually prepared and offered for sale.

2. Provide a succinct statement concerning suggested daily caloric intake that is posted prominently on the menu or menu board, designed to enable the public to understand, in the context of a total daily diet, the significance of the caloric information provided on the menu and that reads: "an average adult should consume no more than two thousand calories a day".

3. Make available in writing, at the point of ordering in the restaurant or food service establishment, the disclosure of saturated fat, trans fat, sodium and fiber information per menu item as it is usually offered for sale. The restaurant or food service establishment shall include a prominent, clear and conspicuous statement regarding the availability of this information on the menu or menu board.

4. In the case of food sold at a salad bar, buffet line, cafeteria line or similar self‑service arrangement and for self‑service beverages or food that is on display and visible to customers, place adjacent to each food offered a sign that lists calories per displayed food item or per serving, as offered for sale.

5. For menu items that come in different flavors, varieties or combinations but that are listed as a single menu item, such as soft drinks, ice cream, pizza, doughnuts or children's combination meals, list the median value for calories for all flavors, varieties or combinations on menus and menu boards if the calorie values for all flavors, varieties or combinations are within twenty percent of the median. If the calories or other nutrient values are not within twenty percent of the median, the range for all the flavors, varieties or combinations of that menu item shall be listed from the lowest to the highest value. If a menu item that comes in different varieties is on display with a name placard or similar signage, the calories per item as offered for sale shall be listed on a placard along with the name. If a menu item is not on display, nutrition information for each individual flavor or variety or each individual menu item that can be chosen as part of a combination meal shall be provided by means of an in-store brochure or booklet or another device that is readily available to customers at the point of ordering. Signage shall alert customers to the availability of this information. END_STATUTE

START_STATUTE36-934. Program termination

The program established by this article ends on July 1, 2026 pursuant to section 41-3102. END_STATUTE

Sec. 2. Short title

This act may be cited as the "Healthy Arizona Act of 2016".