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Hawai`i moving to require nutritional information on menus - with trade association's blessing?

by: raatz

Thu Mar 05, 2009 at 14:33:45 PM PST


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( - promoted by Jill Richardson)

Hawai`i may be about to become the second state to require nutritional information on restaurant menus - and the legislation is moving with the surprising (at first blush) support of the Hawai`i Restaurant Association.

The Hawaii House Blog reported on this legislation yesterday:

You are what you eat

Below, I'll provide additional information on the legislation, including an explanation of how you can track its progress.

raatz :: Hawai`i moving to require nutritional information on menus - with trade association's blessing?
The bill, introduced by Democratic Rep. John Mizuno, is identified as HB1526.

Here's its entire preamble:

According to the Centers for Disease Control and Prevention, two-thirds of adults in the United States are overweight or obese.  The rate of obesity has tripled among children and teens since 1980.  Obesity increases the risk of diabetes, heart disease, stroke, and other health problems and costs families, businesses, and governments millions of dollars each year.

Research continues to reveal a strong link between diet and health.  Increased calorie intake is a key contributor to the alarming increase in obesity.  Excess saturated fat intake is a major risk factor for heart disease.  Increased sodium intake is associated with an increased risk of high blood pressure or hypertension, a condition that can lead to cardiovascular disease such as stroke.

There is an upward trend in calorie and sodium intake that coincides with a significant increase in the number of meals prepared and eaten outside the home in the past two decades.  It is estimated that half of the money spent on food goes toward food from restaurants and other food service establishments, which is also where one-third of calories are consumed.

The legislature finds that improving the availability of nutritional information about food from food service establishments will help curb unhealthy food consumption.  Three-quarters of American adults report using the information found on nutritional labels required by the federal Nutrition Labeling and Education Act of 1990.  But while nutrition labeling is currently required on most packaged foods, labeling for restaurant foods is only required when nutrient content or health claims are made.  Given the lack of nutritional information for most restaurant foods, it is difficult for restaurant-goers to make decisions that limit their calorie and sodium intake.

The purpose of this Act, which shall be known as the "Menu Education and Labeling Act", is to require a retail food establishment that is part of a franchise composed of ten or more establishments to maintain nutritional information on each of its standard menu items and have that information readily available to provide to the public upon request.

The bill's full text, real-time status, committee reports, and testimony can be obtained by searching for HB1526 at the state legislature's website:

http://capitol.hawaii.gov/site1/docs/docs.asp

Instructions on signing up for an RSS feed on the bill are here:

http://capitol.hawaii.gov/site1/docs/rss_help.asp

The bill itself is interesting. But a fascinating twist is that the local restaurant trade group is in full support, as reported by the Hawaii House Blog:


Rep. Mizuno worked with the Hawaii Restaurant Association to craft language for this bill. "Victor Lim, the Chair of the Association has been outstanding in his support to move this measure forward," he said.

I've previously only been aware of the HRA's involvement in the legislative process when it has fought against government regulation.

So it sounds like a progressive move for the organization to support this legislation. Right?

But here's where the story gets even more interesting.

The Hawai`i chapter of the American Cancer Society, the Hawai`i chapter of the American Heart Association, the State Department of Health and the Hawai`i Nutrition and Physical Activity Coalition all oppose the bill! Why? Because upon close review of the bill, it's clear how limited its scope is. The legislation would only apply to chains with 10 or more restaurants and would not require nutritional information on drive-through menus. It just doesn't go far enough to make much of a difference.

Here's the testimony submitted earlier this week by the entities I mentioned:

http://capitol.hawaii.gov/session2009/Testimony/HB1526_HD1_TESTIMONY_FIN_03-04-09_1_.pdf

This bill appears headed to the state Senate, where there will likely be additional opportunities to testify, if you're interested. I'll try to keep you posted.

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Yeah, that... (4.00 / 2)
...was also the case here in Oregon.  The Oregon Restaurant Association was against the Multnomah County / Portland menu labeling legislation that we passed last year because they (the restaurant industry) claimed they wanted a uniform standard statewide.

I believe the same thing also happened in California, where they sued San Francisco, but I believe they accepted the later statewide legislation.

Like you mention, this is probably because they can more easily pass watered-down laws at the state level than they could in more progressive areas like Portland, San Francisco, etc.

Oregon's also going to consider statewide menu labeling legislation this year, so it should be interesting to watch what happens then as well.

"The essence of the independent mind lies not in what it thinks, but in how it thinks." - Christopher Hitchens


Update: vote coming on Tuesday (4.00 / 1)
The House of Representatives will vote on this legislation on third and final reading on Tuesday.

The current version of the bill has just been posted:

HB 1526, HD2

This version includes an express preemption clause, prohibiting local governments from enacting ordinances relating to restaurant menus, as noted in the latest committee report.

You can simultaneously write to all 51 Representatives by sending a single message to:

reps@Capitol.hawaii.gov


Update: bill sitting in Senate Health Committee (4.00 / 1)
HB1526, HD2 passed the House on third reading by 50-0 vote. It was referred to the Senate, where it's currently awaiting a hearing in the Health Committee. Senator David Ige chairs the committee and holds the bill's fate in his hands. I think the bill is a sham and intend to e-mail Senator Ige to ask him to not schedule the bill.

Senate Health Committee
http://capitol.hawaii.gov/site...


[ Parent ]
Update: some good news (4.00 / 1)
Thankfully, Chair Ige never scheduled the bill for a hearing during the 2009 Legislative Session, which ended last week.

So this sham legislation hasn't been enacted.

But it will carry over to the 2010 Legislative Session.


[ Parent ]
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