An Act To Provide Greater Information Pertaining to the Health of Maine Children
Maine Legislature, Session 123, LD 1774
Committee: Health and Human Services
Sponsors: FAIRCLOTH, BRANNIGAN, CONNOR, FINLEY, MILLER, PERRY, PINGREE, PRESCOTT, WALCOTT
Amends: 20-A MRSA §6661-A, 22 MRSA §2502

Legislative Document 
No. 1774 
H.P. 1241 
House of Representatives, March 28,2007 
An Act To Provide Greater Information Pertaining to the Health of 
Maine Children 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator BRANNIGAN of Cumberland and 
/Jf~frl.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CONNOR of Kennebunk, FINLEY of Skowhegan, MILLER of Somerville, 
PERRY of Calais, PINGREE of North Haven, PRESCOTT of Topsham, WALCOTT of 
Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. Review of the percentage of tobacco funding used for obesity 
prevention; increase funding. 
The Department of Health and Human Services, 
Maine Center for Disease Control and Prevention shall conduct a review of the 
percentage of revenues in the Fund for a Healthy Maine under the Maine Revised 
Statutes, Title 22, section 1511 that is spent directly or indirectly to prevent obesity in 
Maine children and the percentage that would be required to undertake a campaign 
addressing obesity in Maine children as effective as the campaign against smoking 
tobacco. The center shall calculate the funding needed to improve obesity prevention by 
25% and shall report the results of the review and any recommendations to increase the 
funding for obesity prevention to the Joint Standing Committee on Health and Human 
Services by November 1, 2007. The Joint Standing Committee on Health and Human 
Services may submit legislation to the Second Regular Session of the 123rd Legislature. 
Sec. A-2. Monitoring cardiovascular health. The Department of Health and 
Human Services, Maine Center for Disease Control and Prevention shall undertake a 
study for developing a system to monitor the cardiovascular health of Maine children. 
The center shall report to the Joint Standing Committee on Health and Human Services 
by November I, 2007 on the requirements for developing a monitoring system and shall 
include recommendations and costs. 
The Joint Standing Committee on Health and 
Human Services may submit legislation to the Second Regular Session of the 123rd 
Legislature. 
Sec. A-3. 
Study of marketing food to children through on-package 
marketing. The Department of Health and Human Services, Maine Center for Disease 
Control and Prevention shall conduct a study of the marketing of food to children through 
on-package marketing to assess the extent and nature of that marketing. The study must 
assess the marketing techniques targeted to children used on food packages in Maine 
grocery and convenience stores, including the use of characters and persons, contests and 
free promotions and games and toys; the types of foods and nutritional value of foods and 
beverages subject to on-package marketing targeted at children; and the proportion of on-
package marketing targeted to children on foods of high and low nutritional values. The 
center shaH report the results of the study to the Joint Standing Committee on Health and 
Human Services by November 1, 2007. The Joint Standing Committee on Health and 
Human Services may submit legislation to the Second Regular Session of the 123rd 
Legislature. 
PART B 
Sec. B-1. 20-A MRSA §6661-A is enacted to read: 
§6661-A. School food and beverage standards 
Beginning January I, 2008, food and beverages sold or distributed on school grounds 
but outside of school meal programs must: 
Page I - 123LR0259(Ol)-1 
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1. Adhere to standards. Adhere to healthy food and beverage standards adopted by 
the Department of Health and Human Services, Maine Center for Disease Control and 
Prevention by rule and adhere to single-serving standards established by the United States 
Food and Drug Administration, including the following maximum portion sizes: 
A. For beverages other than water, 12 ounces; 
B. For frozen desserts and ice creams, 3 fluid ounces; 
C. For cookies and cereal bars, 2 ounces; 
D. For baked items other than cookies and cereal bars, 3 ounces; and 
E. For prepackaged snacks, 1.25 ounces; 
2. Meet fat content limit. For other than low-fat dairy products, fruits, vegetables, 
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seeds and nuts, contain no more than 10% of calories from saturated and trans fatty acids, 
30% of calories from total fat and 35% of weight from refined sugars; 
3. Exclude certain items. Not include carbonated soft drinks of any kind or candy; 
and 
4. Meet drink requirements. For milk, be 1% fat or less; and for juice, be 100% 
fruit juice or 100% vegetable juice. 
Sec. B-2. 22 MRSA §2502 is enacted to read: 
§2502. Freedom of caloric information 
Beginning January 1, 2008, a restaurant shall provide caloric information for all food 
and drink items sold in the restaurant that are listed on menus distributed to customers in 
the restaurant and on menu boards displayed in the restaurant. 
1. 
Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Caloric information" means the number of calories in a food or drink advertised 
on the menu or menu board of a restaurant when that food or drink is prepared in 
accordance with the standard recipe and standard formulation of that food or drink. 
B. "Restaurant" means a restaurant that is licensed as an eating establishment under 
this chapter, that is identified with a restaurant chain having 30 or more locations 
under the same name nationally, regardless of the type of ownership of the restaurant 
locations, that has one or more restaurants located in the State and that distributes 
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menus to customers in the restaurant or displays menu boards in the restaurant. 
2. 
Menu boards. 
Caloric information must be provided on menu boards in 
restaurants in which menu boards are displayed. The typeface of the caloric information 
must be at least 2/3 as large as other menu board information. The caloric information 
must be displayed adjacent to the listing ofthe food item. 
3. Menu notation. Caloric information must be provided on a restaurant's menu for 
all food and drink listed on the menu. The typeface of the caloric information must be at 
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least 2/3 as large as other menu information. The caloric information must be displayed 
adjacent to the listing of the food or drink item. 
4. Reasonable variation. A restaurant is not out of compliance with this section for 
the sole reason that the actual number of calories contained in a food or drink item as 
served at that restaurant varies from the caloric information provided due to assembly of 
the item by hand or changes or substitutions made at the request of a customer. 
5. Exception. This section does not apply to restaurants that do not provide menus 
to their customers. 
6. Rules. The Maine Center for Disease Control and Prevention shall adopt rules 
regarding the provision of caloric information required by this section. Rules adopted 
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pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill requires the following initiatives with regard to the health of Maine children: 
1. A report on the percentage of funding from the Fund for a Healthy Maine that is 
being used and could be used to effectively address obesity in Maine children and 
recommendations for increasing funding; 
2. A study and report on marketing food to children through on-package marketing; 
3. A study to determine the requirements for developing a system to monitor the 
cardiovascular health of Maine children; 
4. A requirement that certain restaurants provide caloric information regarding foods 
and drinks listed on menus and menu boards; and 
5. A requirement for standards for food and beverages sold or distributed on school 
grounds but outside of school.