Bill 156, Healthy Decisions for Healthy Eating Act, 2009

Gélinas, France

Current Status: Ordered referred to the Standing Committee on Social Policy

Viewing: Original (current version) pdf

Bill 156                                                        2009

An Act to amend various acts respecting nutritional information and trans fat content of foods and drinks provided by food service premises

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on 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.  (1)  The Health Protection and Promotion Act is amended by adding the following section:

Food service premises

   16.1  (1)  In this section,

“food service premise” means any food premise where foods or drinks are prepared for immediate consumption or sold or served in a form that will permit immediate consumption on the premises or elsewhere; (“lieu de restauration”)

“trans fat” has the same meaning as in the Food and Drug Regulations made under the Food and Drugs Act (Canada). (“gras trans”)

Application

   (2)  This section applies to all persons who, directly or through a subsidiary, own or operate one or more food service premises in Ontario, or are franchisors of one or more food service premises in Ontario, that earn total gross annual revenues of greater than $5 million.

Calorie information to be displayed

   (3)  A person to whom this section applies shall ensure that information regarding the number of calories per serving is provided for all foods and drinks, including all varieties and flavours of such foods and drinks, offered at a food service premise that the person owns or operates or for which the person has granted a franchise, whether directly or through a subsidiary.

Serving size

   (4)  In subsection (3), a serving is the amount that is served or sold at the food service premise as one meal or serving.

Rules about display

   (5)  The information referred to in subsection (3) shall be displayed,

  (a)  on the same menu or display board on which the food or drink options are displayed; or

  (b)  on a tag attached to the individual food or drink item.

Same

   (6)  If the information referred to in subsection (3) is displayed on a menu or display board, it shall be adjacent to the price and in the same typeface and font size as is used for the price.

Exception

   (7)  If the values for the information required under subsection (3) do not differ by more than 5 per cent among the flavours or varieties of a food or drink offered at a food service premise, the required information may be displayed for the whole group of flavours or varieties rather than for each individual one.

Trans fat restriction

   (8)  On and after January 1, 2010, a person to whom this section applies shall ensure that, at a food service premise that the person owns or operates,

  (a)  the trans fat content of any margarine, oil or shortening used in the preparation of food or as a sauce, spread, garnish or condiment, is less than 2 per cent of the total fat content; and

  (b)  the trans fat content of any food, drink or ingredient that contains partially hydrogenated oils shall be less than 5 per cent of the total fat content.

Exception

   (9)  The requirements in subsection (8) do not apply to foods or drinks that contain only trans fat from naturally occurring sources.

   (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.

   2.  The Municipal Act, 2001 is amended by adding the following section:

Limitation re food service premise

   153.1  (1)  Despite anything else in this Act or in a by-law, if a municipality is informed by an inspector appointed under the Health Protection and Promotion Act that a person is guilty of an offence under section 16.1 of that Act,

  (a)  for a second offence, the person’s licence shall be suspended for one day for every day or part of a day on which the offence occurs or continues; and

  (b)  for a subsequent offence, the person’s licence shall be revoked.

Definition

   (2)  In this section,

“food service premise” has the same meaning as in section 16.1 of the Health Protection and Promotion Act.

   3.  The City of Toronto Act, 2006 is amended by adding the following section:

Limitation re food service premise

   90.1  (1)  Despite anything else in this Act or in a by-law, if the City is informed by an inspector appointed under the Health Protection and Promotion Act that a person is guilty of an offence under section 16.1 of that Act,

  (a)  for a second offence, the person’s licence shall be suspended for one day for every day or part of a day on which the offence occurs or continues; and

  (b)  for a subsequent offence, the person’s licence shall be revoked.

Definition

   (2)  In this section,

“food service premise” has the same meaning as in section 16.1 of the Health Protection and Promotion Act.

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, 2009.

 

EXPLANATORY NOTE

The Bill amends the Health Protection and Promotion Act to require food service premises with total gross annual revenues of greater than $5 million to disclose certain nutritional information for the foods and drinks served at the premises. The Bill also limits the amount of trans fat that may be contained in such foods and drinks.

Persons who do not comply with the requirements are subject to fines as well as the potential suspension or revocation of their business licence.

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