Lakefest 2013

Lakefest 2013 (Nate Pesce, Patuxent Homestead / June 14, 2013)

Howard Countians celebrating the Fourth of July at Columbia's Lakefront this year can complement classic Independence Day fare such as hot dogs and hamburgers with a low-calorie side of reduced-fat chips or a pack of vegetables – and wash it all down with a Diet Coke.

On Friday, vendors running booths at the county's flagship fireworks event will have to comply with new regulations on their food and drink offerings for the first time since Howard County Executive Ken Ulman passed an executive order to ban sugary drinks and restrict other junk food in county buildings and at county-sponsored events.

While Ulman and health advocates have touted the regulations — the first and only of their kind in the state — as an important step in the fight against obesity, some vendors have balked at what they consider unnecessarily restrictive rules.

The executive order, signed into law on Dec. 11, 2012, effectively bans non-diet sodas at county-sponsored events and limits the percentage of high-calorie packaged snacks that vendors can offer.

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According to the regulations, 50 percent of packaged food offered at county events must contain 200 calories or less per portion. Non-diet cold drinks must contain 40 calories or less, and diet drinks may only contain five calories and constitute only 33 percent of a vendor's beverage offerings.

Ulman's nine-point justification for the order argues that health care costs for the soaring rates of obese and overweight Americans — in 2012, 56 percent of Howard County adults reported being above a healthy weight — are a strain on the economy. The order cites an Institute of Medicine statistic attributing 20 percent of the nation's weight problems to consumption of sugary drinks.

While Howard's food and drink restrictions are unique in Maryland, they are part of a larger national trend of passing regulatory efforts in response to rising obesity rates.

In New York City, health officials recently attempted to limit soft drink consumption by banning sales of sugary drinks in containers larger than 16 ounces in city fast-food restaurants, delis and movie theaters. Last week, New York's highest court struck down the ban, ruling that the state's health department had overreached with its decree.

In Howard County, the regulations apply only to county buildings and events. "We are not telling people what they can or can't serve in their store or restaurant," Ulman said when he announced his executive order in 2012. "We're just saying on county property or a county park or building, you are going to have a healthy option."

But some local vendors worry the restrictions will harm their sales this holiday weekend. In their view, the order runs counter to the ideals of liberty and personal choice celebrated on the Fourth of July.

"I was furious when I first read this order because the bottom line is people have a choice of what they feed themselves," said Beth Barnes, who has operated a kettle corn stand at Lakefront Fourth of July celebrations for nearly a decade. "[The regulations are] a violation of a person's freedom, their right to choose."

"We work when everybody else plays, so we have to provide products that people want to have while they're playing," said Douglas Henley, who owns Convenience Catering and Concessions and will be flipping hot dogs and hamburgers at his Lakefront booth on the fourth.

The executive order doesn't place any restrictions on prepared foods like funnel cake, ice cream and Henley's burgers.

However, he and Barnes said, some customers are just looking for a cold drink.

"If it's hot, the soda and stuff goes like wildfire," Henley said.

Barnes' water sales have actually increased and soda sales have decreased in the past five years. But on Independence Day, she wants her customers to have options: "There could be some people who say, 'I don't keep soda in the house — let me get a Coke.' "

When they ask where they can get a non-diet soda, she added, "What am I going to say? Baltimore County?"

Health and policy officials who are supportive of Howard's food and beverage standards said the discussion shouldn't be limited to a dichotomy between full-sugar and diet soda options.

"There are hundreds of healthy beverage options out there," according to Ian Kennedy, director of communications for the Horizon Foundation, a Howard-based public health nonprofit that launched Howard County Unsweetened, an initiative to promote healthier drink options in the county, around the same time the executive order was passed.

The group has created a website,, to help residents find healthier drink options, including unsweetened teas, 100 percent fruit juices and flavored waters.