By Jonathan Allen
NEW YORK, Jan 15 (Reuters) - New York City will give
restaurants and food outlets a three-month grace period before
imposing fines for serving the large sugary drinks that will be
banned, city officials said on Tuesday.
The board of the city's Department of Health passed the ban,
the first of its kind in the nation, in September, arguing that
excessive soda drinking was a significant cause of obesity and
other health problems.
Under the new rules, most restaurants and food outlets will
not be allowed to serve non-alcoholic, sugar-sweetened drinks in
cups larger than 16 oz, the equivalent of a "small" drink at
McDonald's restaurants. Certain groceries and stores that are
regulated by the state rather than the city are exempt.
Although the ban takes effect in March, violators will be
notified but not fined for the first three months. From June
onward, violators will be subject to a $200 fine.
Similar grace periods were used in introducing other
large-scale health initiatives that have been a hallmark of
Mayor Michael Bloomberg's administration, such as a requirement
that certain restaurants include calorie counts against items on
their menus, officials said.
"The Health Department will begin enforcing the portion cap
rule when it goes into effect on March 12th, but it will not
seek fines for non-compliance for the first three months," Mark
Muschenheim, a lawyer for the city, said in a statement.
The American Beverage Association and other business and
trade associations and unions have gone to court over the ban,
saying the Department of Health does not have the authority to
pass such regulations under the city's charter.
The lawsuit argues that the ban robs consumers of a right to
choose, and that it will harm the city's small businesses -
sugary drinks are cheap to make but are sold at a relatively
high mark-up.
A hearing is set for next Wednesday to decide whether the
case should proceed.
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