Comment Re:Not about consumption, but about sales (Score 1) 532
For instance, the local mom and pop store could not sell a 44 ounce soft drink, however the local 7-11 (convenience store) could sell it without any problems.
A local mom and pop store could also sell them just fine.
the ban only applied to businesses under the auspices of the health department*
If the mom and pop 'store' was actually a small local food joint (including, say, an establishment that sells giant sugared-up bubble teas), you're absolutely right. But then, they're already subject to a whole slew of different laws.
So you'd really have to question how 7/11 with their soda dispensers etc. are categorized as merely a convenience or grocery store, when in the element of providing beverages effectively 'to go' they're not all that different from, say, a McDonald's. Not so much a problem with this law, as it is with whatever law governs business categorization and how that affects what other laws are applicable.
( Note that 7/11 could still sell their half gallon bottled products, regardless. )
* From a BBC article. You can read the full definition in the actual health code (as long as it isn't changed after the ruling):
http://www.nyc.gov/html/doh/do...
Page 38.
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New York City Health Code
ARTICLE 81
FOOD PREPARATION AND FOOD ESTABLISHMENTS
[...]
81.53 Maximum Beverage Size
- (a) Definition of terms used in this section.
- (1) Sugary drink means a carbonated or non-carbonated beverage that:
- (A) is non-alcoholic;
- (B) is sweetened by the manufacturer or establishment with sugar or another caloric sweetener;
- (C) has greater than 25 calories per 8 fluid ounces of beverage; and
- (D) does not contain more than 50 percent of milk or milk substitute by volume as an ingredient.
The volume of milk or milk substitute in a beverage will be presumed to be less than or equal to 50 percent unless proven otherwise by the food service establishment serving it.
- (2) Milk substitute means any liquid that is soy-based and is intended by its manufacturer to be a substitute for milk.
- (3) Self-service cup means a cup or container provided by a food service establishment that is filled with a beverage by the customer.
- (1) Sugary drink means a carbonated or non-carbonated beverage that:
- (b) Sugary drinks. A food service establishment may not sell, offer, or provide a sugary drink in a cup or container that is able to contain more than 16 fluid ounces.
- (c) Self-service cups. A food service establishment may not sell, offer, or provide to any customer a self-service cup or container that is able to contain more than 16 fluid ounces.
- (d) Violations of this section. Notwithstanding the fines, penalties, and forfeitures outlined in Article 3 of this Code, a food service establishment determined to have violated this section will be subject to a fine of no more than two hundred dollars for each violation and no more than one violation of this section may be cited at each inspection of a food service establishment.