03-11-2013, 06:36 PM
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Banned
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Join Date: May 2002
Location: Blue Point, NY
Posts: 25,396
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Quote:
It is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in the rule ... serve to gut the purpose of the rule," he wrote.
He also expressed concern that to allow the health board such sweeping authority would "eviscerate" the separation of powers between the executive and the legislature branches of city government.
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Bingo.
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