A Santa Clara County ordinance requiring some restaurants to place nutrition labels on their menus will have little impact on area residents, especially if the governor signs a similar state law that has been sitting on his desk since the beginning of this month.
The county law, which would require certain chain restaurants in unincorporated parts of the county to post basic nutritional information for food items on their menus, went into effect Sept. 1. However, county attorney Ann Ravel said the government entity is not yet imposing penalties for non-compliance as the ordinance stipulates.
That's because the county has said it will hold off on the sanctions after an agreement with the California Restaurant Association, which sued the county over the ordinance soon after the board of supervisors approved it in June.
"We think the state occupies the field of food safety, and local jurisdictions don't have any authority to do so," said CRA President Jot Condie in explaining the lawsuit, which is now in San Jose federal court. The CRA also has a suit pending against the city of San Francisco, which passed a law similar to Santa Clara County's earlier this year.
Ravel responded, "We believe this is an appropriate ordinance that was passed for ensuring the health of our citizens, and the CRA's legal arguments are not correct."
But both the law and the lawsuit may become moot, Condie added. The state assembly has voted to approve a law - SB 1420 - that would essentially do what the county ordinance does, but on a statewide level. If Gov. Arnold Schwarzenegger signs that law, it would preempt all local laws.
In fact, the next hearing on CRA's lawsuit against Santa Clara County has been delayed due to the governor's anticipated decision to sign or veto SB 1420.
It is unclear which, if any, restaurants in unincorporated parts of Morgan Hill, San Martin, or Gilroy are subject to the county's new regulations.
Customers at local fast food restaurants have mixed feelings about the idea of requiring nutritional information to be posted on the popular eateries' menu boards, whether it is ordered by the county or the state.
Out of eight people interviewed at two South County chain restaurants one night this week, half of them thought the law would be helpful in keeping people healthy, while the other half disagreed.
"I think it's good for kids, so they'll eat less calories, and less sugar," said Joe Corona, who dined at the Burger King in Morgan Hill Wednesday night.
Sandra Milo, who was looking forward to her dinner at Taco Bell the same night, said she thinks it is unnecessary for the government to make such demands on private citizens.
"I can find out what's in the food if I want to, and I'll keep eating here even if I do know," said Young.
Michael Moore Michael Moore covers county and law enforcement issues for the Morgan Hill Times. Reach him at (408) 779-4106, ext. 202, or mmoore@morganhilltimes.com.
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