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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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County Counsel
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DATE:
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October 10, 2008
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MEETING DATE:
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October 21, 2008
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SPECIAL NOTICE/HEARING:
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None
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Members, Board of Supervisors
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FROM:
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Michael P. Murphy, County Counsel
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SUBJECT:
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New State law requiring chain foodservice establishments to post nutrition information.
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RECOMMENDATION:
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Adopt an ordinance repealing Chapter 4.58 of Title 4 of the San Mateo County Ordinance Code Requiring Chain Foodservice Establishments to Post Nutrition Information.
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VISION ALIGNMENT:
Commitment: Ensuring basic health and safety for all.
Goal(s): 7 – maintaining and enhancing the public safety of all residents and visitors
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BACKGROUND:
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Recently, the Board of Supervisors, upon the recommendation of the Housing, Health, and Human Services Committee, added Chapter 4.58 to County Ordinance Code requiring chain foodservice establishments to post nutrition information. By its terms, Ordinance Code Chapter 4.58 does not go into effect until January 1, 2009.
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On September 30, 2008, the Governor signed SB 1420 into law which adds Health and Safety Code §114094 and requires chain food facilities to either disclose certain nutritional information or calorie count information commencing July 1, 2009. The new law expressly pre-empts our newly adopted ordinance. Section 114094 (j) states, in pertinent part: "No ordinance or regulation of a local government shall regulate the dissemination of nutritional information by a food facility. Any ordinance or regulation that violates this prohibition is void and shall have no force or effect."
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DISCUSSION:
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Due to the adoption of local ordinances, such as ours, that require foodservice establishments to post nutritional information, the Legislature passed and the Governor signed the new law requiring the posting of this important information for consumers. Now, however, it is time to repeal our ordinance requiring the posting of nutritional information due to the pre-emption language in §114094. Our office prepared the proposed ordinance repealing Chapter 4.58 of our ordinance code. We brought the proposed ordinance to the Housing, Health, and Human Services Committee who recommends its adoption by the Board.
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FISCAL IMPACT:
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None.
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