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June 21, Preemption Watch Newsletter

Quote of the week:

NYC’s announcement last week that it’ll begin enforcing menu labeling May 22 sparked the ire of the National Restaurant Association. “Just as we feared, city and state governments are taking advantage of the federal menu labeling delay,” said Cicely Simpson, executive vice president of government affairs at NRA… 

“Federal preemption on menu labeling is the law of the land” 

– Morning Agriculture, Politico, May 25, 2017

National

State Liquor Laws Preempt Local Municipalities from Restricting Operating Hours
JD Supra, 6/19/2017

The State liquor law preempts local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption. Accordingly, local municipalities should use caution when imposing conditions upon establishments regulated by the State Liquor Authority and would be wise to consider alternative ways to manage late hours accompanied by public imbibing.

Regulatory Wrap-Up: Where state and national policy impact retail
Chain Store Age, 6/19/2017

Detailed coverage of federal and state paid leave preemption, among other policy topics of interest to industry.

California will wait for FDA on menu labeling
Politico, 5/25/2017

CALIFORNIA WILL WAIT FOR FDA ON MENU LABELING: New York City may be rolling ahead with enforcing menu labeling after the Trump administration pulled the plug on a federal rule that was supposed to take effect earlier this month, but California says it’s going to wait for FDA…

NYC’s announcement last week that it’ll begin enforcing menu labeling May 22 sparked the ire of the National Restaurant Association. “Just as we feared, city and state governments are taking advantage of the federal menu labeling delay,” said Cicely Simpson, executive vice president of government affairs at NRA, in an email to [Morning Agriculture] last week.

“Federal preemption on menu labeling is the law of the land,” Simpson said. “The one year delay of implementation does not negate that preemption therefore New York City’s announcement is in violation of federal law.”

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