Bill 149, Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2014

Gélinas, France

Current Status: Ordered referred to the Standing Committee on the Legislative Assembly

Viewing: Original (current version) pdf

Bill 149                                                       2013

An Act to amend the Health Protection and Promotion Act and the Smoke-Free Ontario Act to improve the health of Ontarians

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Health Protection and Promotion Act

   1.  (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.

Smoke-Free Ontario Act

   2.  (1)  Subsection 1 (1) of the Smoke-Free Ontario Act is amended by adding the following definitions:

“new tobacco product” means a tobacco product that has never been lawfully sold or distributed in Ontario, but does not include a new brand of a tobacco product; (“nouveau produit du tabac”)

“smokeless tobacco product” means a tobacco product that is inhaled or chewed, including snuff. (“produit du tabac sans fumée”)

   (2)  Subsection 6.1 (1) of the Act is amended by striking out “unless the flavoured cigarillo has been prescribed” at the end and substituting “unless the flavoured cigarillo is mentioned in subsection (3)”.

   (3)  Subsection 6.1 (2) of the Act is repealed and the following substituted:

Flavoured tobacco products

   (2)  No person shall sell or offer to sell a flavoured tobacco product at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose, unless the flavoured tobacco product is mentioned in subsection (3).

   (4)  Section 6.1 of the Act is amended by adding the following subsection:

Exemption

   (3)  Menthol flavoured cigarillos or tobacco products that contain only the following flavouring agents are not subject to the prohibitions imposed by subsections (1) and (2):

    1.  Menthol (CAS 89­-78­-1).

    2.  l-menthol (CAS 2216­-51­-5).

    3.  l-menthone (CAS 14073-­97­-3).

   (5)  The Act is amended by adding the following section:

New Tobacco Products

Prohibition

   6.2  No person shall sell or offer to sell a new tobacco product at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose.

   (6)  The Act is amended by adding the following section:

Smokeless Tobacco Products

Prohibition

   6.3  Despite any other provision of this Act, no person shall sell or offer to sell a smokeless tobacco product at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose.

   (7)  Subsection 15 (1) of the Act is amended by striking out “section 5, 6.1 or 9” and substituting “section 5, 6.1, 6.2 or 9”.

   (8)  Subsection 15 (1) of the Act, as amended by subsection (7), is amended by striking out “section 5, 6.1, 6.2 or 9” and substituting “section 5, 6.1, 6.2, 6.3 or 9”.

   (9)  The Table to section 15 of the Act is amended by striking out,

 

5, 6.1

0

2,000

100,000

 

1

5,000

300,000

 

2

10,000

300,000

 

3 or more

50,000

300,000

and substituting the following:

 

5, 6.1, 6.2

0

2,000

100,000

 

1

5,000

300,000

 

2

10,000

300,000

 

3 or more

50,000

300,000

   (10)  The Table to section 15 of the Act, as amended by subsection (9), is amended by striking out,

 

5, 6.1, 6.2

0

2,000

100,000

 

1

5,000

300,000

 

2

10,000

300,000

 

3 or more

50,000

300,000

and substituting the following:

 

5, 6.1, 6.2, 6.3

0

2,000

100,000

 

1

5,000

300,000

 

2

10,000

300,000

 

3 or more

50,000

300,000

   (11)  Clause 19 (1) (d.1) of the Act is repealed.

   (12)  Clause 19 (1) (d.2) of the Act is repealed.

Commencement and Short Title

Commencement

   3.  (1)  Subject to subsections (2), (3) and (4), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  Section 1 comes into force eight months after the day this Act receives Royal Assent.

Same

   (3)  Subsections 2 (3) and (12) come into force one year after the day this Act receives Royal Assent.

Same

   (4)  Subsections 2 (6), (8) and (10) come into force five years after the day this Act receives Royal Assent.

Short title

   4.  The short title of this Act is the Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2013.

 

EXPLANATORY NOTE

The Bill amends the Health Protection and Promotion Act and the Smoke-Free Ontario Act.  The major elements of the Bill are described below. 

Health Protection and Promotion Act

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 amendment makes it an offence to contravene these requirements and imposes fines for a first, second and subsequent offence.

Smoke-Free Ontario Act

The Bill amends the Smoke-Free Ontario Act with respect to flavoured tobacco products, new tobacco products and smokeless tobacco products.  Subsection 6.1 (1) of the Act currently provides that no person shall sell or distribute a flavoured cigarillo unless the cigarillo is prescribed by the regulations.  This subsection is amended to provide that only menthol flavoured cigarillos are exempt from the prohibition.

Subsection 6.1 (2) of the Act currently provides that if a flavoured tobacco product is prescribed by the regulations, no person shall sell or distribute the product.  This provision is re-enacted to provide that no person shall sell or distribute flavoured tobacco products other than menthol flavoured tobacco products.

Sections 6.2 and 6.3 of the Act are added to prohibit the sale and distribution of new tobacco products and smokeless tobacco products. Section 15 of the Act is amended to provide that it is an offence to contravene sections 6.2 and 6.3.  The amended provisions permit maximum fines up to $50,000 for an individual and up to $300,000 for a corporation if the individual or corporation sells new tobacco products or smokeless tobacco products in contravention of the Act.

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