( CNN ) -- After learning what was going on across the nation in regulating food and drink , especially the edict by New York Mayor Michael Bloomberg banning large sugary drinks , I could clearly see we needed a way to prevent government from placing additional regulation on small business owners in Mississippi . A judge has invalidated Bloomberg 's ban on sugary drinks bigger than 16 ounces , which is a good move . But as a state legislator , and a restaurant owner , I wanted to prevent our industry from being regulated out of business . Working with trade organizations , I came up with what 's being called the `` anti-Bloomberg '' bill -- Senate Bill 2687 . It simply says that the Mississippi legislature retains the authority to make decisions about the regulation of food . This bill has been passed overwhelmingly by both the state House and Senate , and we are expecting Gov . Phil Bryant to sign it . Mississippi governor reviews 'Anti-Bloomberg ' bill . It will prevent a hodgepodge of regulations put in force by various municipalities . Imagine owning a restaurant and , all of a sudden , your menu does n't meet regulations . An owner might have to restructure a menu and have new nutritional analyses conducted , which are very costly . Many men and women have worked long hard hours just to make a living , and adding additional regulations and costs could simply force them out of business . The free market should determine what a business chooses to sell . If the market demands healthier choices , then business owners will meet the need . A regulation banning you from selling a sugary drink larger than 16 ounces will not have any impact on obesity . If people want a bigger size , they can simply buy two or more . Opposing view : Banning large sodas is legal and smart . Cities across the country are restricting consumers ' food choices in misguided attempts to battle obesity . The ideas for restrictions are endless : limiting the size of soft drinks , requiring calories to be posted , prohibiting toys in kids ' meals , prohibiting fast food restaurants in certain neighborhoods , and more . In Mississippi , from the farm to the grocery , the convenience store to the restaurant , all food is already regulated to ensure safety by divisions of the U.S. Department of Agriculture , the Food and Drug Administration , the state Department of Health and the state Department of Agriculture and Commerce . The `` anti-Bloomberg '' bill simply assures consumers freedom of choice on what food and what size soft drinks they want to buy , and which restaurants they want to patronize . To be clear , SB 2687 does not restrict debate on food policy as it relates to public health and welfare . By making sure the debate takes place at the state level and not at hundreds of local levels , we can prevent a patchwork of regulations that create an uneven playing field . Consistent and uniform application of food policy will actually benefit the public . It also does n't change current law for restaurants that operate 20 or more franchises , such as McDonald 's , Hardee 's and Subway . Those will still be required to provide nutritional information to customers . So what role can local government play ? Consider these positive and proactive initiatives : . • Create community gardens to provide fresh fruits and vegetables . • Help create more walking paths and bike trails . • Work with school districts to mandate physical education . • Promote local farmers markets . • Expand or set up weight loss programs through local parks and recreation departments . • Create educational programs using social media to educate young people . Local government can and should play a large role in public health . Strategic initiatives focusing on incentives and promotions will have a positive effect on the community . The opinions expressed in this commentary are solely those of Tony Smith .
Tony Smith , a Mississippi legislator and restaurant owner , wrote the `` anti-Bloomberg '' bill . Bill prohibits local jurisdictions from regulating food and drink ; only state can do it . It's not just about restaurants or bars that are affected by this law but also grocery stores ( which have to be licensed ) and other businesses who sell alcohol in their establishments. Free market should guide what 's sold , he says ; other measures can combat obesity .