Fast food workers in the city of Davis, Calif., will default to asking children and parents if they’d like milk or water with their kids’ meal orders starting Sept. 1. The new law was passed with a unanimous 5-0 vote Tuesday, which will require all fast food establishments located within the jurisdiction to offer milk and water. Children’s health advocacy organization First 5 Yolo started the initiative last fall in an effort to discourage sugary soda consumption.

There are approximately 18 fast food restaurants within the Davis city lines that must comply to the new laws. If they are caught offering soda before milk or water, they should be expected to receive a notice and potential fines up to $500. The new ordinance is the first of its kind in America. If parents or their children want soda, they’ll have to decline the milk and water and specifically request the soda — at no extra charge. By forcing the customer to make an extra effort to hurdle the healthy milk or water choice, the Davis City Council reasons, it increases opportunity for dietary reflection — is soda right for me or my child?

"Prior to this ordinance, the soda industry was selecting what your child would drink," First 5 Yolo Director Julie Gallelo told The Sacramento Bee. "This puts milk and water at the forefront."

The state of California is no stranger to being at the forefront of health regulation. In 2012, Davis city officials mandated an increase in healthy beverage options to rival sodas and sugary beverages sold at concession stands at parks and recreational facilities run by the city. In 2014, Berkeley became the first U.S. city to pass a law charging a penny-per-ounce in taxes on sugary drinks, including sodas, energy drinks, and sweetened juices and teas. Fast food giants Burger King and Wendy’s took soda-shaming to the next level and just removed soda from the kids’ menu altogether.

A 20-ounce soda has 16 teaspoons of sugar floating inside its bubbly contents, Executive Director of the California Center for Public Health Advocacy, Dr. Harold Goldstein, told the Los Angeles Times. When sugar is delivered in liquid form, it makes it easier for the body to absorb. That same bottle of soda can add up to about 250 extra calories for a child already living in a country with decreasing recess times and increasing sedentary habits.

In the U.S., one out of three children is overweight or obese, according to the Harvard School of Public Health, and rising sugary drink consumptions could be responsible for the rising weight gain among youth. In the last 30 years, the rate of obesity alone has doubled among children and quadrupled among adolescents, according to the Centers for Disease Control and Prevention, increasing the risk for heart disease, type 2 diabetes, osteoarthritis, and certain types of cancer.

“There is no reason for kids to be given a sugary beverage when they go to a restaurant without their parents asking for it,” Goldstein said. “Passage of this ordinance in Davis really makes this city once again a leader in making the health of our children a top priority.”