§ 19-4101 — Definitions

§ 19-4101. Definitions.

In this Chapter, the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise: (1) Dealer. Any person engaged in the business of selling sugar-sweetened beverage for retail sale within the City, including but not limited to restaurants; retail stores; street vendors; owners and operators of vending machines; and distributors who engage in retail sales. (2) Distributor. Any person who supplies sugar-sweetened beverage to a dealer. (3) Sugar-sweetened beverage. (a) Any non-alcoholic beverage that lists as an ingredient: (.1) any form of caloric sugar-based sweetener, including, but not limited to, sucrose, glucose or high fructose corn syrup; or (.2) any form of artificial sugar substitute, including stevia, aspartame, sucralose, neotame, acesulfame potassium (Ace-K), saccharin, and advantame. (b) Any non-alcoholic syrup or other concentrate that is intended to be used in the preparation of a beverage and that lists as an ingredient: (.1) any form of caloric sugar-based sweetener, including, but not limited to, sucrose, glucose or high fructose corn syrup; or (.2) any form of artificial sugar substitute, including stevia, aspartame, sucralose, neotame, acesulfame potassium (Ace-K), saccharin, and advantame. (c) Notwithstanding subsections (a), (b), and (c), sugar-sweetened beverages shall not include: (.1) Baby formula. (.2) Any beverage that meets the statutory definition of "medical food" under the Orphan Drug Act, 21 U.S.C. § 360ee(b)(3), as amended. (.3) Any product, more than fifty percent (50%) of which, by volume, is milk. (.4) Any product more than fifty percent (50%) of which, by volume, is fresh fruit, vegetables or a combination of the two, added by someone other than the customer. (.5) Unsweetened drinks to which a purchaser can add, or can request that a seller add, sugar, at the point of sale. (.6) Any syrup or other concentrate that the customer himself or herself combines with other ingredients to create a beverage. (d) Examples of sugar-sweetened beverages include, but are not limited to, soda; non- one hundred percent (100%) fruit drinks; sports drinks; flavored water; energy drinks; pre-sweetened coffee or tea; and non- alcoholic beverages intended to be mixed into an alcoholic drink. (e) The Department is authorized to promulgate regulations to clarify the inclusion or exclusion of particular products; and to exclude particular products with respect to which, because of their ingredients or other administrative or health-related reasons, exclusion would be consistent with sound public policy and the purposes of this Ordinance. (4) Supply. Sell, distribute, transfer, deliver or supply.