LRB-3355/2
TJD:bjk&kjf:md
2009 - 2010 LEGISLATURE
January 22, 2010 - Introduced by Representatives Benedict, Pope-Roberts,
Hilgenberg, Pasch, Kessler, Dexter, Colon, Hixson
and Sinicki, cosponsored
by Senators Miller, Lehman and Taylor. Referred to Committee on Public
Health.
AB664,1,4 1An Act to amend 254.88; and to create 254.61 (1m), 254.61 (3g), 254.713 and
2895.508 of the statutes; relating to: requiring certain chain restaurants to post
3or provide nutritional information, providing immunity for restaurants that
4provide inaccurate nutritional information, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires certain chain restaurants to disclose nutritional information
for menu items. The requirements apply to a restaurant that is one of at least 20
restaurants in this country doing business under the same trade name and offering
menus with substantially identical menu items.
Under the bill, a chain restaurant must disclose on a menu or menu board
located inside or outside of the chain restaurant, the number of calories in a single
order of the menu item. The chain restaurant must also disclose on the menu or
menu board the suggested daily caloric intake and a statement that additional
nutritional information is available upon request. If a chain restaurant offers food
in a salad bar, buffet line, or cafeteria service, the restaurant must disclose the
number of calories next to the food. If the chain restaurant offers a menu item in
various flavors, varieties, or combinations, the chain restaurant must disclose the
median number of calories per single order if the number of calories for each flavor,
variety, or combination varies from the median by 20 percent or less. If the number
of calories for each flavor, variety, or combination differ from the median by more
than 20 percent, the chain restaurant must disclose the number of calories as a range
from lowest to highest number of calories.

The bill requires every chain restaurant to have on the premises and make
available to a customer upon request all of the following nutritional information for
a single order of each menu item: the number of calories from fat, the number of
grams of total fat, the number of grams of saturated fat, the number of grams of
carbohydrates, the number of grams of sugar, the number of milligrams of sodium,
the number of grams of dietary fiber, and the number of grams of protein.
Under the bill, the Department of Health Services may impose a forfeiture of
between $50 and $500 for a violation of the requirements to post or provide
nutritional information. Any restaurant that provides nutritional information is
immune from civil liability as a result of providing inaccurate information, if the
restaurant provided the nutritional information in good faith.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB664, s. 1 1Section 1. 254.61 (1m) of the statutes is created to read:
AB664,2,42 254.61 (1m) "Chain restaurant" means a restaurant in this state that is one
3of at least 20 restaurants in the United States doing business under the same trade
4name and offering a menu with substantially identical menu items.
AB664, s. 2 5Section 2. 254.61 (3g) of the statutes is created to read:
AB664,2,66 254.61 (3g) "Menu item" does not include any of the following:
AB664,2,77 (a) Items that appear on the menu for fewer than 90 days per year.
AB664,2,98 (b) Condiments and other items placed on a table or counter for use without
9charge.
AB664, s. 3 10Section 3. 254.713 of the statutes is created to read:
AB664,2,13 11254.713 Nutritional information in chain restaurant menus. (1) (a) A
12chain restaurant shall disclose for each menu item, as prepared and offered for sale
13at the chain restaurant, the number of calories of a single order of the menu item.
AB664,3,3
1(b) A chain restaurant shall have on the premises and make available to a
2customer in writing upon the customer's request all of the following nutritional
3information regarding a single order of each menu item:
AB664,3,44 1. The number of calories from fat.
AB664,3,55 2. The number of grams of total fat.
AB664,3,66 3. The number of grams of saturated fat.
AB664,3,77 4. The number of grams of carbohydrates.
AB664,3,88 5. The number of grams of sugar.
AB664,3,99 6. The number of milligrams of sodium.
AB664,3,1010 7. The number of grams of dietary fiber.
AB664,3,1111 8. The number of grams of protein.
AB664,3,1512 (c) If a chain restaurant offers a menu item to customers using a menu, the
13chain restaurant shall display the calorie information required under par. (a) next
14to each item on the menu in a size and typeface of equal prominence to the price or
15name of the menu item.
AB664,3,1916 (d) If the chain restaurant offers a menu item to customers using a menu board
17located inside or outside of the chain restaurant, the chain restaurant shall display
18the calorie information required under par. (a) on the menu board next to each item
19in a size and typeface of equal prominence to the price or name of the item.
AB664,3,2320 (e) If a chain restaurant offers food to customers in a salad bar, buffet line,
21cafeteria service, or similar arrangement where prepared food is on display, the chain
22restaurant shall display the calorie information required under par. (a) next to the
23food offered in a size and typeface that is prominent and legible to customers.
AB664,4,924 (f) If a chain restaurant offers a menu item in various flavors, varieties, or
25combinations and lists the item as a single menu item, the chain restaurant shall

1display the calorie information required under par. (a) based on the median number
2of calories for all flavors, varieties, or combinations, if the number of calories for each
3flavor, variety, or combination differs from the median number by 20 percent or less.
4If the number of calories for any flavor, variety, or combination differs from the
5median number by more than 20 percent, the chain restaurant shall list the range
6of the number of calories from the lowest to highest value. If a menu item that comes
7in different flavors, varieties, or combinations is on display with a name placard or
8similar signage, the chain restaurant shall disclose the number of calories per single
9order of the menu item along with the name of the menu item.
AB664,4,1410 (g) If a chain restaurant does not display a menu item on a menu or menu board
11or offer food in a salad bar, buffet line, or cafeteria service, the chain restaurant shall
12provide the calorie information required under par. (a) in a brochure, booklet, kiosk,
13or other device that is available at the chain restaurant and is easily accessible to
14customers at the point of ordering.
AB664,4,16 15(2) A chain restaurant shall include all of the following information on its menu
16or menu board:
AB664,4,1917 (a) A statement describing the suggested daily caloric intake based on
18recommendations by the U.S. department of agriculture and the federal department
19of health and human services.
AB664,4,2120 (b) A statement that additional nutritional information is available upon
21request.
AB664,4,24 22(3) A chain restaurant may calculate the nutritional information required to
23be disclosed under sub. (1) (a) or (b) for a single order by dividing the total for the
24entire amount prepared by the number of orders.
AB664,5,2
1(4) (a) The department may impose a forfeiture of not less than $50 nor more
2than $500 on a person who violates subs. (1) to (3).
AB664,5,73 (b) The department may directly assess a forfeiture provided for under par. (a).
4If the department decides to assess a forfeiture under par. (a), it shall send a notice
5of assessment to the chain restaurant. The notice shall specify the amount of the
6forfeiture assessed, describe the violation, and notify the chain restaurant of the
7right to a hearing under par. (c).
AB664,5,208 (c) A person may contest an assessment of forfeiture under par. (b) by sending
9a written request for hearing under s. 227.44 to the division of hearings and appeals
10in the department of administration within 10 days after the receipt of the notice
11issued under par. (b). The administrator of the division of hearings and appeals may
12designate a hearing examiner to preside over the case and recommend a decision to
13the administrator under s. 227.46. The decision of the administrator of the division
14of hearings and appeals shall be the final administrative decision. The division of
15hearings and appeals shall commence the hearing and issue a final decision within
1660 days after receipt of the request for hearing unless all of the parties consent to a
17later date. Proceedings before the division of hearings and appeals are governed by
18ch. 227. In any petition for judicial review of a decision by the division of hearings
19and appeals, the department, if not the petitioner who was in the proceeding before
20the division of hearings and appeals, shall be the named respondent.
AB664,5,21 21(5) No local ordinance may do any of the following:
AB664,5,2322 (a) Impose any requirement to provide calorie or nutritional information, as
23that term is used in sub. (1) (b), on a restaurant that is not a chain restaurant.
AB664,5,2524 (b) Require a chain restaurant to post any nutritional information, as that term
25is used in sub. (1) (b), that is not required under this section.
AB664,6,2
1(6) This section does not apply if a federal law or regulation requires a chain
2restaurant to post nutritional information.
AB664, s. 4 3Section 4. 254.88 of the statutes is amended to read:
AB664,6,10 4254.88 Penalty. Anyone who violates this subchapter, except s. 254.713,
5254.83, 254.84, or 254.85, or any rule of the department promulgated under this
6subchapter shall be fined not less than $100 nor more than $1,000. Anyone who fails
7to comply with an order of the department under this subchapter except s. 254.85
8shall forfeit $50 for each day of noncompliance after the order is served upon or
9directed to him or her, and in case of action under s. 254.87, after lapse of a reasonable
10time after final determination.
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