You Can't Eat That - Signed The Legislature

From Junk Food Science:

It has actually happened. Lawmakers have proposed legislation that forbids restaurants and food establishments from serving food to anyone who is obese (as defined by the State). Under this bill, food establishments are to be monitored for compliance under the State Department of Health and violators will have their business permits revoked.

House Bill 282 was introduced in the 2008 Mississippi legislative session on Friday by Representative W.T. Mayhall, Jr., a retired pharmaceutical salesman with DuPont-Merk. Its co-authors are Bobby Shows, a businessman, and John Read, a pharmacist.

The text of the bill:

HOUSE BILL NO. 282

An act to prohibit certain food establishments from serving food to any person who is obese, based on criteria prescribed by the state department of health; to direct the department to prepare written materials that describe and explain the criteria for determining whether a person is obese and to provide those materials to the food establishments; to direct the department to monitor the food establishments for compliance with the provisions of this act; and for related purposes. Be it enacted by the legislature of the state of Mississippi:


SECTION 1.

(1) The provisions of this section shall apply to any food establishment that is required to obtain a permit from the State Department of Health under Section 41-3-15(4)(f), that operates primarily in an enclosed facility and that has five (5) or more seats for customers.

(2) Any food establishment to which this section applies shall not be allowed to serve food to any person who is obese, based on criteria prescribed by the State Department of Health after consultation with the Mississippi Council on Obesity Prevention and Management established under Section 41-101-1 or its successor. The State Department of Health shall prepare written materials that describe and explain the criteria for determining whether a person is obese, and shall provide those materials to all food establishments to which this section applies. A food establishment shall be entitled to rely on the criteria for obesity in those written materials when determining whether or not it is allowed to serve food to any person.

(3) The State Department of Health shall monitor the food establishments to which this section applies for compliance with the provisions of this section, and may revoke the permit of any food establishment that repeatedly violates the provisions of this section.


SECTION 2. This act shall take effect and be in force from and after July 1, 2008.

Junk Food Science:

I called lead author, Rep. Mayhall, and asked if this was serious legislation or tongue-in-cheek to make a point. He kindly took a moment to answer my question while the legislature was in session. He said that while, regrettably, he doesn’t believe his bill will pass, this is serious. He wrote it, he said, because of the “urgency of the obesity crisis and need for government action.” He hopes it will “call attention to the serious problem of obesity and what it is costing the Medicare system.”