The limits would apply to cups and containers used for sugary drinks. The limits would
also apply to all self-service cups and containers, regardless of intended contents. Without such limitation,
a self-service cup exceeding the maximum size could be used for either non-sugary or sugary drinks. This
rule will not limit the amount of sweetener a customer may add to his or her own drink.
The rule will not take effect until 6 months after adoption by the Board of Health. It establishes a fine of
$200 for each occasion that it is violated. By addressing the increasing size of sugary drinks and
reacquainting New Yorkers with more appropriate portion sizes, the City is taking an important step in
reducing sugary drink consumption and combating obesity and its resulting morbidity and mortality.
The following specific amendments are proposed:
Set a maximum size for sugary drinks: Non-alcoholic sugary drinks may not be offered or sold in
cups or containers that can contain more than 16 fluid ounces.
Set a maximum size for self-service cups: Food service establishments may not offer or sell selfservice cups that can contain more than 16 fluid ounces.
Set a fine for violations: No more than two hundred dollars for each violation as described in the