From HOT AIR:

The Health Department will begin implementing routine inspections to make sure eateries, including sit down restaurants and fast food chains, are not selling sugary beverages in servings larger than 16 ounces.

Those inspectors will have specially ordered measuring cups to help them enforce the new rule, Deputy Health Commissioner Daniel Kass said in an affidavit recently filed as part of the legal challenge to Bloomberg’s anti-big-soda policy…

‘The measuring cups that we will be issuing … will be able to contain 17 fluid ounces,’ Kass said. Inspectors will issue violations when a cup is found to ‘clearly exceed’ 16 ounces ‘when measured in the inspector’s measuring cup,’ he added.

…

The city is “enjoined and permanently restrained from implementing or enforcing the new regulations,” New York Supreme Court Judge Milton Tingling decided Monday.

The regulations are “fraught with arbitrary and capricious consequences,” the judge wrote. “The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole….the loopholes in this rule effectively defeat the state purpose of the rule.”

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