The New York City Board of Health and Mental Hygiene (DOHMH) has called a July 24, 2012, public hearing to gather feedback on Mayor Michael Bloomberg’s recommendation to limit the size of sugar-sweetened beverages sold at local food service establishments. The 11 member board reportedly voted unanimously at a June 12, 2012, meeting to publish the proposal, which would amend Article 81 of the Health Code to establish a maximum serving size of 16 ounces for sugary non-alcoholic drinks and all self-service cups. If adopted by DOHMH on September 13, the amendment would apply to restaurants, food carts, delis, movie theaters, stadiums, and arenas while also imposing a $200 fine for each violation of the code.

According to the notice of public hearing, the proposal seeks to address rising obesity rates among city residents by “reacquainting New Yorkers with more appropriate portion sizes.” The plan has apparently drawn support from public health advocates as well as individual DOHMH members, although some questioned whether the amendment would necessitate similar regulations for other menu items such as French fries or popcorn. “Some of the board members seemed to think that the proposal didn’t go far enough, and I found that very alarming,” one spokesperson for the New York City Restaurant Association was quoted as saying. “We believe the board is appointed by the mayor but ultimately should be accountable to the public, many of whom don’t believe in this proposal.” See The Associated Press and The New York Times, June 12, 2012.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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