§ 717.01 — Beverages Offered with Children's Meals

717.01 - Beverages Offered with Children's Meals.

(A) Definitions. (1) "Food service operation" has the same meaning as in O.R.C. Section 3717.01. (2) "Children's meal" means a combination of food items and a beverage that is prepared by and offered for purchase at a food service operation as a unit at a single price and is primarily intended for consumption by children. (B) Beverage limitation. No food service operation shall offer a children's meal that includes a beverage unless the beverage is: (1) water, sparkling water, or flavored water, with no added natural or artificial sweeteners; or (2) nonfat or one (1) percent milk or a non-dairy milk alternative containing no more than 150 calories per container or serving as offered for sale; or (3) 100% fruit juice or fruit juice combined with water or carbonated water, with no added sweeteners, in a serving size of no more than eight (8) ounces. (C) Exception. Upon a customer's request, a food service operation may sell, and a customer may purchase, a substitute or alternative beverage instead of the beverages offered pursuant to division (B) of this section. (D) Educational Material. The Health Commissioner or a designee shall make available educational material regarding the nutritional and health reasons to limit a child's consumption of sugared beverages. (E) Civil Penalty. (1) Any food service operation offering a children's meal that includes a beverage but that fails to limit the beverages offered in violation of division (B) of this section shall be given a warning on its first offense, and shall be assessed a civil penalty of $25.00 for a second offense and $50.00 for a third and any subsequent violation. The Health Commissioner or a designee is authorized to charge and collect the civil penalties under this section. (2) Violators have the right to appeal civil penalties pursuant to and in accordance with Columbus City Health Code Section 203.08. (3) The offering, by a food service operation on its written or posted menu, of a children's meal with the beverage limitation set forth in division (B) is prima facie evidence of compliance with this chapter.

(Ord. No. 2870-2020, § 1, 12-14-2020)