An Act To Increase Access to Nutrition Information
Maine Legislature, Session 124, LD 1259
Committee Amendment CA_A-SA_A_S305 (Senate)

SENATE AMENDMENT" A " 
to COMMITTEE AMENDMENT "A" to H.P. 878, 
L.D. 1259, Bill, "An Act To Increase Access to Nutrition Information" 
Amend the amendme'nt in section 6 in §2500-A in subsection 5 in paragraph 8 in the 
2nd line (page 2, line 38 in amendment) by striking out the following: "60" and inserting 
the following: '90' 
Amend the amendment in section 6 in §2500-A by striking out all of subsection 6 
(page 3, lines 3 to 8 in amendment) and inserting the following: 
'6. 
Alcoholic beverages. A chain restaurant may collectively label alcoholic 
beverages in a clear and prominent manner using the average caloric values for beers, 
wines and spirits. 
Collective labeling of alcoholic beverages must othelwise be in 
accordance with the provisions for calorie labeling in this section. A chain restaurant that 
collectively labels alcoholic beverages must use the following average nutritional values: 
A. For 5 ounces of wine, 122 calories; 
B. For 12 ounces of regular beer, 155 calories; 
C. For 12 ·ounces of light beer, 103 calories; and 
D. For 1.5 ounces of 80-proof gin, rum, vodka or whiskey, 96 calories. 
A chain restaurant that collectively labels alcoholic beverages may add to the nutrition 
labeling the following statement: "Signature drinks or liqueurs with added ingredients 
may increase caloric content. '" 
Amend the amendment in section 6 in §2500-A in subsection 7 in the last line (page 
3, line 16 in amendment) by inserting after the following: "213." the following: 'This 
section may not be construed to create or enhance any claim, right of action or civil 
liability that did not exist under state law prior to the effective date of this subsection or 
limit any claim, right of action or civil liability that otherwise exists under state law. No 
private right of action arises out of this section. The only mechanism for enforcing this 
section is as· provided in this subsection.' 
Amend the amendment in section 6 in §2500-A by inserting after subsection 7 the 
following: 
Page I - 124LR0607(OS)-I 
SENATE AMENDMENT 
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SENATE AMENDMENT "It" 10 COMMIHEE AMENDMENT "A" to H.P. 878, L.D. 1259 
'8. Uniformity of I'egulation; pl'eemption. To the extent consistent with federal 
law, the regulation of disclosure of calorie and nutritional information is a matter of 
statewide concern, and state law governing that disclosure occupies the whole field of 
regulation regarding disclosure by chain restaurants of nutritional information and 
requirements regarding the content required to be posted on menus, menu boards and 
food display tags. 
A local government may not adopt an ordinance regulating the 
dissemination of calorie or nutritional information or re!luiring information to be placed 
on menus, menu boards or food display tags by a chain restaurant, and any ordinance or 
regulation that violates this subsection is void and has no force or effect.' 
SUMMARY 
This amendment: 
1. Increases from 60 to 90 the number of days an item must appear on a menu before 
the chain restaurant is required to provide caloric information regarding that item; 
2. 
Replaces the language regarding alcoholic beverages to specifically authorize 
collective labeling of alcoholic beverages; 
3. Specifies that this legislation does not create any additional rights or liabilities; 
and 
4. 
Asserts that state regulation of nutritional information by chain restaurants 
occupies the whole field of regulation and prohibits municipalities from eliacting any 
ordinance regulating the dissemination of such information. 
SPONSORED nY, ~lt e . ~r 
(SenatOi' PERRY, ) 
C· 
COUNTY: Penobscot 
SENATE AMENDMENT 
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