AGENDA ITEM #17
July 20,2010
Action
MEMORANDUM
July 16,2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Analyst(}!rvLLhJ1J
Action:
Expedited Bill 39-10, Eating and Drinking Establishments - Nutrition
Labeling - Implementation
Expedited Bill 39-10, Eating and Drinking Establishments - Nutrition Labeling ­
Implementation, sponsored by the Health and Human Services Committee, was introduced on
June 29, 2010. A public hearing was held on July 13 at which Melvin Thompson, on behalf of
the Restaurant Association of Maryland, supported Bill 39-10.
Bill 39-10 would establish an implementation schedule for certain eating and drinking
establishments to post certain nutrition information on menu boards and menus. Bill 39-10
would implement the nutrition labeling law according to the following schedule, which the
Executive recommended and the HHS Committee supported:
• The nutrition labeling law became effective July 1,2010.
• The Department of Health and Human Services will notifY affected restaurants during
July of the applicable laws and regulations.
• By September 15, affected restaurants must submit implementation plans to the
Department. The implementation plan must state a date certain by which the restaurant
would comply with the nutrition labeling requirements. Full compliance must be no later
than January 1, 2011, after which the Department can begin assessing penalties for
noncompliance.
Council
staff recommends
approval
of Bill 39-10.
This packet contains:
Expedited Bill 39-10
Legislative Request Report
Circle
#
1
3
F:\LAW\BlLLS\I039 Nutrition Labeling - Implementation\Action Memo.Doc
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Expedited Bill No.
39-10
Concerning: Eating
and
Drinking
Establishments - Nutrition Labeling ­
Implementation
Revised:
6/22/2010
Draft No. 1
Introduced:
June 29,2010
Expires:
December 29, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -.:..:.N""'on..:.;:e<--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Health and Human Services Committee
AN EXPEDITED ACT
to:
(1)
establish an implementation schedule for certain eating and drinking establishments
to post certain nutrition information on menu boards and menus; and
(2)
generally amend County law regarding eating and drinking establishments.
By amending
2009 Laws of Montgomery County Chapter 29
Boldface
Underlining
[Single boldface brackets]
Q.Q..u.ble underlining
[[Double boldface brackets]]
1<
1<
1<
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No.
39-10
1
Sec.t. Section 2 of Chapter
29
of the
2009
Laws of Montgomery County
is amended as follows:
Sec. 2. Effective Date and Implementation.
2
3
4
W
Effective Date.
Section lS-lSA, inserted by Section 1 of this Act, takes
effect on July 1, 2010.
5
6
7
8
(hl
Implementation.
Section lS-lSA must be implemented according to
the following schedule:
ill
Between July
1
and July 31, 2010, the Department must notify all
eating and drinking establishments subject to the requirements of
Section IS-ISA of the applicable laws and regulations.
9
10
11
12
ill
By
September IS, 2010, an eating and drinking establishment
must submit to the Department an implementation plan. As part
of the implementation plan, an eating and drinking establishment
must identify
~
date
Qy
which the establishment will comply with
Section IS-ISA.
13
14
15
16
17
ill
Any eating and drinking establishment subject to Section
201
I.
IS-ISA
must comply with the requirements of that Section
Qy
January
L
18
19
20
21
Sec. 2. Expedited Effective Date.
The Council declares that this Act is
necessary for the immediate protection ofthe public interest. This Act takes effect on
the date on which it becomes law.
F:\LAw\BILLS\1039 Nutrition labeing -lmplementation\BiII1.Doc
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LEGISLATIVE REQUEST REPORT
Expedited Bill 39-10,
Eating and Drinking Establishments - Nutrition Labeling
DESCRIPTION:
Implementation
Expedited Bill 39-10 would establish an implementation schedule for
certain eating and drinking establishments to post certain nutrition
information on menu boards and menus
Code §15-15A (Nutrition Labeling) goes into effect on July
1,2010;
however, the regulations to implement the law will not be approved
until late June.
To provide affected eating and drinking establishments with adequate
time to comply with the County nutrition labeling requirements.
Department of Health and Human Services.
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Analyst, 240-777-7815.
To be researched.
Violations of § 15-15A are a Class A violation.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION WITHIN
MUNICIPALITIES:
PENALTIES:
F:\LAw\BILLS\1039 Nutrition Labeing - Implementation\LRRDoc