§ 7-38-060 — Default beverage for children's meals

7-38-060 Default beverage for children's meals.

(a) In this section: "Children's meal" means a combination of food items, sold for a single price, intended for consumption by children. "Default beverage" means a beverage included by default or presented as an option as part of a children's meal absent a specific request by the purchaser of the children's meal for an alternative beverage. "Restaurant" means a retail food establishment that prepares and serves or vends food directly to consumers. (b) Notwithstanding any other provision of law, a restaurant shall include one of the following beverages with a children's meal sold by the restaurant: (1) water with no added natural or artificial sweeteners; (2) sparkling water with no added natural or artificial sweeteners; (3) flavored water with no added natural or artificial sweeteners; (4) nonfat or 1% dairy milk containing no more than 130 calories per container or serving offered for sale; (5) nondairy milk alternatives: (A) with no added natural or artificial sweeteners; (B) containing no more than 130 calories per container or serving as offered for sale; and (C) meeting the standards for the National School Lunch Program as set forth in 7 C.F.R. 210.10; or (6) 100% fruit or vegetable juice or juice combined with water or carbonated water, with no added sweeteners, in a serving size of no more than 8 ounces. (c) A restaurant may include a beverage with a children's meal that is not listed under subsection (b) upon the meal purchaser's request. (d) Every beverage listed or displayed on a restaurant menu or in-store advertisement for a children's meal shall be one of the default beverages listed in subsection (b). (e) During any inspection of a restaurant by Department of Health, the Department of Health shall inspect the restaurant to determine whether it complies with this section. (Added Coun. J. 1-26-22, p. 43252, § 1) Editor’s note – Coun. J. 12-13-17, p. 63286, § 3, repealed former § 7-38-060, which pertained to hospitals, day nurseries, day care centers and nursing homes.