Spencer Platt/Getty Images Mayor Michael R. Bloomberg’s ban on large bottles of sugary drinks - including soda, bubble tea and more - will go into effect on Tuesday.It has incited protests and lawsuits, inflamed public debate and inspired other cities to develop anti-soda tactics of their own. Dozens showed up at a Board of Health meeting in July to request changes to the proposal.
But for all the hand-wringing, Mayor Michael R. Bloomberg’s much-derided ban on the sale of large sugary drinks, unveiled in May, will go into effect on Tuesday exactly as the city proposed.
The city argues that the measure, which forbids the sale ofsugary drinks larger than 16 ounces in restaurants, movie theaters and other food-service establishments, will help combat the spread of obesity. But giant cups of soda are not the only beverages on the hit list. Here is a Q. and A. on the ban:
How will it work
At its most basic â€" and there are plenty of complications â€" the new rules mean that food-service establishments in New York City will not be able to sell sodas and other sugary drinks in containers larger than 16 ounces. Customers may buy as many refills as they want.
What places are excluded
Large drink containers will still be available at convenience stores and grocery stores â€" in other words, places that are not regulated by the city’s health department. Places that receive regular health inspections from the city, including street vendors, bowling alleys and restaura! nts, will all have to abide by the ban. The convenience store 7-Eleven will not, so the Big Gulp will live on.
What drinks are covered
The new rules are known as the “soda ban,†but many other sugary drinks will be affected: fruit-juice drinks including lemonade, sports drinks like Gatorade, energy drinks, slushies, fruit smoothies, and coffee- and tea-based sweetened drinks. Bubble teas are affected, as are presweetened iced coffees and teas, and possibly even the famous papaya juice at the city’s hot-dog-and-fruit-juice outlets. Of course, there are a few caveats.
What caveats
For one, drinks that are more than 50 percent milk (or milk substitute) are exempt from the regulations because the city considers milk a valuable source of nutrition â€" especially compared with soda, which is considered to contain empty calories. Any establishment trying to preserve its drins under the milk exception must prove its milk content. So far, Starbucks’s pumpkin spice lattes and machiattos are exempt; no word yet on Frappucinos.
What’s the definition of a sugary drink
The city defines it as a nonalcoholic beverage that is less than 50 percent milk and has been presweetened by the manufacturer or the vendor with sugar or another caloric sweetener, like high fructose corn syrup, honey or agave nectar. To qualify, the beverage must cross a certain caloric threshold: 25 calories per 8 ounces.
What else isn’t affected
Milkshakes and lattes are safe, because of the milk exception; so are drinks that fall under the caloric threshold, like diet sodas. Fruit smoothies and juices that contain only fruit and fruit juice, with no added sweeteners, are also exempt.
What about beer growlers
A! lcoholic beverages are safe, no matter the size. But that does not mean alcohol drinkers will be completely unaffected: because nightclubs are subject to the regulations, those who can afford bottle service will find that the carafes of sweet mixers like tonic and cranberry juice can no longer be served alongside the Grey Goose.
What about coffee
Plain old coffee can be sold in any size as long as it is not presweetened. Baristas can add around three to five teaspoons of sugar to larger cups of coffee before handing them to the customer, depending on the size. After that, customers can add as much sugar as they want. Different coffee shops are approaching the rules in different ways; some chains, like Dunkin’ Donuts and McDonald’s, will ask customers to add their own sugar and flavored syrups.
Are there any less obvious effects
Domino’s and other pizza joints will no onger be able to offer the two-liter bottles of soda that are a staple of children’s birthday parties and pizza dinners. Nor will they be able to deliver large soda containers. (But two-liter containers can still be bought at grocery stores.)
How will the ban be enforced
Health inspectors can issue violations carrying fines of $200. But the city will not start levying fines until June, after a three-month grace period to allow vendors to adjust to the new rules.
Is it permanent
That remains to be seen. The beverage industry has filed a lawsuit over the legality of the mayor’s ban, but the court has not yet ruled.
