Prohibition Against Regulation of Nutritional Information Dissemination Exposed

The Prohibition Against Regulation of Nutritional Information Dissemination is listed under ALEC's Commerce, Insurance, and Economic Development Task Force. According to ALEC.org, it was approved by the ALEC Board of Directors on June 7, 2011. (Accessed on 7/14/2011).

CMD's Bill Summary

This Bill appears to be a direct response to New York City mandating nutrition information in restaurants in 2006.

ALEC appears to support local control when it applies to state's rights against the federal government, but opposes local control when it applies to cities' rights against the state. For example, see also Rent Control Preemption Act, Living Wage Mandate Preemption Act.

ALEC Bill Text

Section 1.

(1) A municipality may not regulate the dissemination of nutritional information or the content required to be placed on a menu, menu board, or food tag by a restaurant, eating establishment, or other food facility.

(2) An ordinance or regulation that violates Subsection (1) is void.

Section 2.

(1) A county may not regulate the dissemination of nutritional information or the content required to be placed on a menu, menu board, or food tag by a restaurant, eating establishment, or other food facility.

(2) An ordinance or regulation that violates Subsection (1) is void.

Section 3. {Severability clause.}

Section 4. {Repealer clause.}

Section 5. {Effective date.}