Requires children's meals and beverages served in certain settings to meet nutritional standards.

A5115

ASSEMBLY, No. 5115

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 18, 2026

Sponsored by:

Assemblywoman� YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman� MARISA SWEENEY

District 25 (Morris and Passaic)

Co-Sponsored by:

Assemblywoman Haider

SYNOPSIS

���� Requires children�s meals and beverages served in
certain settings to meet nutritional standards.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning nutritional standards for children�s
meals and beverages served in certain settings and supplementing Title 26 of
the Revised Statues.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� The Legislature finds
and declares that:

���� a.���� Over the past 30 years,
the obesity rate in the United States has more than doubled.� According to the
federal Centers for Disease Control and Prevention, in 2009, nearly two-thirds,
or 68.5 percent of American adults were overweight or obese.� Approximately
one-third of children nationwide are overweight or obese.� Obese children are
at least twice as likely as non-obese children to become overweight or obese as
adults.

���� b.��� In 2017, 61.9 percent of
adults and 14.9 percent of children, ages zero to 17, in the State of New
Jersey were overweight or obese.

���� c.���� Obesity-related health
conditions have serious economic costs.� The medical burden of obesity in the
United States is about $147 billion annually, or almost 10 percent of all
medical spending.� Roughly one-half of these costs are paid through Medicaid and
Medicare and, as a result, are incurred by taxpayers throughout the country.�
In 2018, New Jersey�s annual obesity related medical expenditures were
estimated at $9.3 million.

���� d.��� American children
consume 19 percent of their daily calories at fast food and other restaurants.�
Studies link eating in restaurants with higher caloric intakes and obesity.

���� e.���� Therefore, it is in the
public interest to establish nutritional standards for children�s meals sold at
chain restaurants and beverages served at restaurants in order to reduce the
number of overweight and obese children, and to promote healthy eating and
active living among the citizens of the State.

���� 2.� As used in this act:

���� �Chain restaurant� means a
restaurant or similar retail food establishment that is part of a chain with 20
or more locations doing business under the same name, regardless of the type of
ownership of the locations, and substantially offers the same menu items for
sale.

���� �Children�s meal� means a
combination of food items or food items and a beverage, sold together at a
single price, primarily intended for consumption by children.

���� �Restaurant� means any
facility or part thereof in which food is prepared and provided or served for
consumption on the premises.�

���� 3.��� a. An owner, operator,
or the proprietor of a chain restaurant shall not sell, offer to sell, or serve
a children�s meal unless two or more children�s meals, or 25 percent or more of
the children�s meals on the children�s menu, whichever is greater, adhere to the
following nutritional standards:

���� (1)�� the meal shall contain
no more than:

���� (a)�� 550 calories per
serving;

���� (b)�� 700 milligrams of
sodium;

���� (c)�� 15 grams of added sugar;

���� (d)�� 10 percent of calories
from saturated fat; and

���� (e)�� 0 grams of trans fat;

���� (2)�� the meal shall contain
at least 0.5 cups of fresh fruits or vegetables, and at least one of the
following:

���� (a)�� a whole grain product
which lists whole grains as its first ingredient, equals 50 percent whole
grains by weight of product, or contains 50 percent whole grains by weight of
grains;

���� (b)�� a lean protein
consisting of at least two ounces of meat, one ounce of nuts, seeds, dry beans
or peas, or one egg; or

���� (c)�� at least 0.5 cups of
non-fat or one percent milk, low fat yogurt, or one ounce of reduced fat
cheese.

���� For purposes of this
subsection: �juices, condiments, jellies, jams, or spreads shall not be
considered a fruit or vegetable; and a lean protein shall contain less than 10
grams of fat, 4.5 grams or less of saturated fat, and less than 94 milligrams
of cholesterol per 100 grams and per labeled serving; and

���� (3) �substitutions of any of
the items contained in a children�s meal pursuant to this subsection shall be
permissible upon request by a customer.

���� b.��� (1) A chain restaurant
using a standard printed menu shall list next to a children�s meal on the menu,
the nutritional content of the meal as required pursuant to subsection a. of
this section, using a font and format that is at least as prominent, in size
and appearance, as that used to post either the name or price of the children�s
meal.

���� (2)�� A chain restaurant using
a menu board system or similar signage shall list next to the children�s meal
on the board or sign, the nutritional content of the meal as required pursuant
to subsection a. of this section.

���� (3)�� If the children�s meal
includes a beverage, the chain restaurant using a standard printed menu shall
also list next to the children�s meal on the menu, the caloric information for
the beverage, using a font and format that is at least as prominent, in size
and appearance, as that used to post either the name or price of the children�s
meal.

���� c.���� A chain restaurant that
posts the nutritional content of a children�s meal on its company website or
mobile application shall be exempt from the requirements of subsection b. of
this section.

���� 4.� a. An owner, operator, or
proprietor of a chain restaurant or restaurant shall not sell a children�s meal
with a beverage unless the default beverage is one of the following:

���� (1)�� water, sparkling water,
or flavored water with no added natural or artificial sweetener;

���� (2)�� flavored or unflavored
nonfat or low-fat, such as one percent, dairy milk or non-dairy beverage that
is nutritionally equivalent to fluid milk, such as soy milk, in a serving size
of eight ounces or less; or

���� (3)�� 100 percent fruit or
vegetable juice or fruit or vegetable juice combined with water or carbonated
water, with no added natural or artificial sweetener, in a serving size of no
more than 6.75 ounces; and

���� b.��� Substitutions of any of
the items contained in a children�s meal pursuant to this section shall be
permissible upon request by a customer.

���� 5.� a. The Department of
Health or the local board of health or the board, body, or officers exercising
the functions of the local board of health according to law shall have the
right to enter the premises of a chain restaurant or restaurant at which a
children�s meal is sold, offered for sale, or served, at any time during normal
business hours and upon presentation of appropriate credentials, in order to
determine compliance with the provisions of this act, or any rule or regulation
adopted pursuant thereto.

���� b.��� The Department of Health
or the local board of health or the board, body, or officers exercising the
functions of the local board of health according to law, upon written complaint
or having reason to suspect that a violation of this act has occurred, shall,
by written notification, advise the owner, operator, or proprietor of the chain
restaurant or restaurant accordingly and order appropriate action to be taken.

���� 6.� a. An owner, operator, or
the proprietor of a chain restaurant
or
restaurant who knowingly sells,
offers to sell, or serves a children�s meal or beverage in violation of the
provisions of sections 3 or 4 of this act shall be issued a warning for the
first offense, liable to a civil penalty of up to $500 for the second offense,
and up to $1,000 for a subsequent offense, provided that in no case shall the
penalty against the owner or operator of the chain restaurant or restaurant
exceed $5,000 during a 30-day period.

���� b.��� Any civil penalty
imposed pursuant to subsection a. of this section shall be collected in a civil
action by a summary proceeding under the �Penalty Enforcement Law,� P.L.1999,
c.274 (C.2A:58-1 et seq.), or in any case before a court of competent
jurisdiction wherein injunctive relief has been requested. �The Superior Court
and the municipal court shall have jurisdiction to enforce and collect any
penalty imposed for a violation of the provisions of this act.� Process shall
be in the nature of a summons or warrant and shall issue only at the suit of
the Commissioner of Health or the local board of health as plaintiff.

���� 7.� a. Within three months of
the enactment of this act, the Department of Health, in consultation with the
New Jersey Restaurant and Hospitality Association, shall prepare and make
available for distribution to chain restaurants and restaurants, both in print
and in an easily printable format on the department�s Internet website, a fact
sheet to notify and inform chain restaurant and restaurant owners affected by
the provisions of this act of the requirements of the law.

���� b.��� The department, in
consultation with the New Jersey Restaurant and Hospitality Association, shall
provide an informational poster, containing the information found in the fact
sheet prepared in accordance with subsection a. of this section, to chain
restaurants and restaurants for use and display at every location in their
restaurants where customers may place food or drink orders.

���� 8.� The Department of Health
shall adopt rules and regulations, pursuant to the provisions of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
to effectuate the purposes of this act.

���� 9.� This act shall take effect
on the first day of the sixth month next following the date of enactment,
except that the Commissioner of Health may take any anticipatory administrative
action in advance as shall be necessary for the implementation of this act.

STATEMENT

����� T
his bill requires children�s meals, and
beverages if served with a children�s meal, sold or offered for sale in chain
restaurants, and beverages served with a children�s meals sold or offered for
sale in restaurants to adhere to certain nutritional standards outlined in the
bill.

���� Specifically, a chain
restaurant would not sell, offer for sale, or serve children�s meals unless two
or more such meals, or 25 percent or more of the children�s meals on the
children�s menu, contains no more than:� 550 calories per serving, 700 milligrams
of sodium, 15 grams of added sugars, 10 percent of calories from saturated fat,
0 grams of trans fat, at least 0.5 cups of fresh fruits or vegetables (fruits
and vegetables would not include juices, condiments, jellies, jams, or
spreads), and either a whole grain product, a lean protein, or at least 0.5
cups of non-fat or one percent milk, low fat yogurt, or one ounce of reduced
fat cheese.

���� Under the bill, if a
children�s meal is served with a beverage at a chain restaurant or a
restaurant, that beverage would be:� water, sparkling water, or flavored water
with no added natural or artificial sweetener; flavored or unflavored nonfat or
low-fat, such as one percent, dairy milk or a non-dairy beverage that is
nutritionally equivalent to fluid milk, such as soy milk, in a serving size of
8 ounces or less; or 100 percent fruit or vegetable juice or fruit or vegetable
juice combined with water or carbonated water, with no added natural or
artificial sweetener, in a serving size of no more than 6.75 ounces.

���� The bill stipulates that
substitutions of any of the items contained in a children�s meal are
permissible under the bill upon request by a customer.

���� A chain restaurant using a
standard printed menu would be required to list the nutritional content of the
meal, as required pursuant to the provisions of the bill, and if the meal
includes a beverage, also list the caloric information for the beverage, next
to a children�s meal on the menu, using a font and format that is at least as
prominent, in size and appearance, as that used to post either the name or
price of the meal.

���� The bill exempts chain
restaurants from certain provisions of the bill if the nutritional content of a
children�s meal is listed on their company websites or mobile applications.

���� As defined in the bill,
�children�s meal� means a combination of food items or food items and a
beverage, sold together at a single price, primarily intended for consumption
by children, �restaurant" means any facility or part thereof in which food
is prepared and provided or served for consumption on the premises, and �chain
restaurant� means a restaurant or similar retail food establishment that is
part of a chain with 20 or more locations doing business under the same name,
regardless of the type of ownership of the locations, and substantially offers
the same menu items for sale.

���� The Department of Health (DOH)
or a local board of health would:� have the right to enter the premises of a
chain restaurant or restaurant at which a children�s meal is sold, offered for
sale, or served, at any time during normal business hours and upon presentation
of appropriate credentials, in order to determine compliance with the
provisions of the bill; and advise the owner, operator, or proprietor of the
chain restaurant or restaurant and order appropriate action to be taken, if it
has reason to suspect that a violation has occurred.

���� Under the bill�s provisions,
an owner, operator, or the proprietor of a chain restaurant or restaurant who
sells, offers to sell, or serves a children�s meal in violation of the
provisions of the bill will be issued a warning for a first offense, liable to
a civil penalty not to exceed $500 for the second offense, and $1,000 for each
subsequent offense.� Penalties against an owner, operator, or the proprietor of
the chain restaurant could not exceed $5,000 during a 30-day period.

���� The bill requires that within
three months after enactment of the bill, the DOH, in consultation with the New
Jersey Restaurant and Hospitality Association, is to:� prepare and make
available for distribution to chain restaurants and restaurants, both in print
and in an easily printable format on its Internet website, a fact sheet to
notify and inform chain restaurant and restaurant owners of the requirements of
the bill; and provide an informational poster containing the information found
in the fact sheet to chain restaurants and restaurants for use and display at
every location in their restaurants where customers may place food or drink
orders.

���� This bill was pre-filed for
introduction in the 2026-2027 session pending technical review.� As reported,
the bill includes the changes required by technical review, which has been
performed.