Restaurant menus: added sugar warnings.

The threshold for 'high added sugar content' was raised from 50 percent to 100 percent of the daily value for added sugar per serving. This means only beverages at or above the full daily recommended limit will trigger the icon requirement, rather than those at half the limit.

New Section 114094.17 establishes a tiered display requirement: (a) drive-through menus must display the added sugar information directly; (b) for other menus, restaurants may choose between displaying it on physical menus or in a digital format (e.g., QR code linking to a digital menu or nutritional guide). If using digital format, a clear statement must inform customers that added sugar info is available digitally, and an alternative written method (handout, booklet, chart, grid, or other materials) must be provided for customers unable to access the digital format.

The point-of-sale warning requirement was changed from a mandatory exact factual statement ('The added sugar icon indicates that the added sugar content of this item contains or exceeds one-half of the total daily recommended limit') to a more flexible requirement for 'a clear and conspicuous warning indicating that the added sugar icon means that the added sugar content...contains or exceeds the total daily recommended limit.' The new language explicitly states restaurants are not required to use the word 'warning' on their menus.

New Section 114094.17(c) authorizes enforcement agencies to evaluate compliance using either visual verification of the disclosure on physical menus, digital menus, or alternative methods, or other reasonable methods consistent with the article's intent.

The term 'Electronic menus' in the definition of 'menu' was changed to 'Digital menus.'

Compliance deadline moved from January 1, 2028 to January 1, 2029, giving chain restaurants an additional year to implement the added sugar icon and warning statement requirements.

The threshold for 'high added sugar content' was raised from 50 percent or more per serving of the FDA daily reference value for added sugar to 100 percent or more. This means only beverages containing at least the full daily recommended limit of added sugar in a single serving would trigger the labeling requirement, rather than those containing half that amount.

The definition of 'menu' was reorganized to remove specific meal-type categories (breakfast, lunch, dinner, dessert, beverage, child, and specialty menus) and now lists only three types: drive-through menus, electronic menus (excluding third-party platforms not controlled by the chain restaurant), and menu boards or physical menus.

The exemption for temporary or test menu items was expanded from beverages appearing on a menu for less than 30 days per calendar year to beverages appearing for a total of 60 days per calendar year or fewer than 90 consecutive days in order to test consumer acceptance. This doubles the allowable temporary period and adds a separate consecutive-days provision.

The term 'point of selection' was renamed to 'point of sale' throughout the bill, with no apparent change in meaning.

Compliance deadline extended from January 1, 2028 to January 1, 2029, giving chain restaurants an additional year before they must display added sugar icons and warning statements.

New definition of 'Added sugar icon' specifying it must be an image of a sugar cube inside a black triangle, removing ambiguity about the required visual design.

New definition of 'Beverage size' covering descriptions of volume including small, medium, large, or fluid ounce measurements.

'Point of selection' was renamed to 'point of sale,' though the definition text (a place where a customer may view menu options and make their selection) remained the same.

The exemption for temporary beverage items was expanded from 'less than 30 days per calendar year' to 'a total of 60 days per calendar year or fewer than 90 consecutive days in order to test consumer acceptance,' allowing restaurants to keep test beverages on menus longer without triggering the icon requirement.

New detailed rules for displaying the added sugar icon when beverages are listed by size: the icon must appear adjacent to both the item listing and each corresponding size with high added sugar content, or if sizes are listed without item names, adjacent to each size where any beverage in that size has high added sugar content.

The warning statement language was changed from a placeholder ('Insert icon and accompanying text here') to a specific required statement, and the threshold language was changed from 'exceeds' to 'contains or exceeds' one-half of the total daily recommended limit, aligning with the 50 percent or more definition.

The 'Menu' definition was expanded to clarify it applies 'regardless of how the writing is divided,' and electronic menus now explicitly exclude menus listed on third-party platforms not controlled by the chain restaurant.

The definition of 'standard menu beverage item' was narrowed by adding the requirement that the item be 'intended to be consumed by drinking,' which would exclude items like frozen dairy products. It also added 'a blended beverage' as an example of a covered item.

A new exclusion (E) was added for 'frozen dairy products that are intended to be eaten with a spoon,' exempting items such as ice cream and frozen yogurt from the added sugar icon requirement.

Section 1, which stated the Legislature's intent to require labeling on restaurant menus for beverages containing more than 50 percent of the recommended daily reference value for sugar, was removed from the bill.

The fiscal committee review designation changed from 'no yes' to 'yes,' indicating the bill now clearly requires fiscal committee review. The state-mandated local program designation also changed from 'no yes' to 'yes,' confirming the bill imposes a state-mandated local program.

The bill now applies specifically to 'chain restaurants' defined as food facilities with 20 or more locations doing business under the same name and offering substantially the same menu items. The original bill had no such limitation and was not binding.

The original bill was purely a statement of legislative intent with no enforceable obligations. The amended version retains that intent statement but adds binding legal requirements in a new code article, making it an actual regulatory mandate enforced by local health agencies under the California Retail Food Code.

Chain restaurants must display an added sugar icon immediately adjacent to each standard menu beverage item with high added sugar content on all menus (including electronic, internet, drive-through, and third-party platform menus).

Chain restaurants must display a factual warning statement at the point of selection explaining what the added sugar icon means.

Compliance deadline is set for on or before January 1, 2028.

'High added sugar content' is defined as 50 percent or more per serving of the FDA daily reference value for added sugar as used on January 1, 2026. 'Standard menu beverage item' excludes prepackaged items with added sugar labeling, items on a menu fewer than 30 days per year, customer-modified beverages, and alcoholic beverages.

A new Section 2 addresses state-mandate reimbursement. The bill now acknowledges it imposes a state-mandated local program (changed from 'no' to 'yes') and requires fiscal committee review (changed from 'no' to 'yes'). Reimbursement is not required for the new crime/infraction costs but may be required for other mandated costs if determined by the Commission on State Mandates.