Three-Month Grace Period for Fines on NYC Soda Ban

New York City’s soda ban will go into effect in coming March, but restaurants and food outlets will have three months before being subject to $200 fine for serving the large soft drinks.

The officials of Department of Health confirmed Monday that the 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.” But violators will be notified when violating the rule.

The New York City Board of Health last September approved a ban on the sale of large sodas and other sugary drinks (16 oz size limit) at restaurants and food outlets to reduce increasing obesity rates and weight-related health issues. According to the city’s health department, every year 5,000 New York residents die of health problems related to obesity.

The rule applies to restaurants, fast-food chains, street carts, movie theaters, stadiums, and office cafeterias, but not supermarkets or convenience stores. But consumers who purchase 16-ounce sugary drinks will not be prohibited to refill depending on the establishment. The rule would not apply to lower-calorie drinks like water, diet soda, or alcoholic beverages.

The American Beverage Association, soda makers, trade unions, and other businesses have sued to block the ban from taking effect, noting Department of Health does not have the authority to pass the restrictions under the city's charter and take away the civil liberty.

There will be a hearing on next Wednesday to make decision whether to proceed with the case or not.

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