BILL NUMBER:S5611A

TITLE OF BILL:  An act to amend the public health law, in relation to
prohibiting certain restaurants and food establishments from serving
foods containing artificial trans fat

PURPOSE:  To prohibit certain restaurants and food establishments from
serving foods containing artificial trans fat and protect consumers from
the detrimental health effects of those fats.

SUMMARY OF PROVISIONS:

Section 1 provides that no food containing artificial trans fat, as
defined in this section, shall be stored, distributed, held for service,
used in preparation of any menu item, served or sold in any restaurants,
food service establishments, mobile food service establishments, mobile
food service establishment commissaries, retail food stores and other
food establishments subject to the provisions of section thirteen
hundred and fifty-one of this title, except food that is served or sold
directly to patrons in a manufacturer's original sealed package that
bears a nutrition facts label consistent with federal law and regu-
lation.

Section 2 defines trans fat as food that is labeled as, lists as an
ingredient, or contains vegetable shortening, margarine or any kind of
partially hydrogenated vegetable oil. However, a food whose nutrition
              

facts label or other documentation from the manufacturer lists the trans
fat content of the food as less than 0.5 grams per serving shall not be
deemed to contain artificial trans fat. This law shall not apply to
foods containing only naturally occurring trans fat.

Section 3 authorizes the Commissioner of Health to promulgate rules and
regulations, after consulting with affected food businesses and local
governments with similar rules, for recordkeeping and documentation by
restaurants and food establishments necessary for compliance. This
section also authorizes the Commissioner to develop guidelines, includ-
ing recommendations for healthier alternatives to artificial trans fat.
These guidelines must be made available upon request to restaurants and
food establishments, and be provided on the Department's internet
website.

Section 4 provides that violations of this section must be limited to
the penalties set forth in § 12 of the Public Health Law.

Section 5 restricts the power of any county, city, town or village to
adopt and enforce additional local laws, ordinances or regulations that
are more stringent than the standards set forth in this section and the
rules and regulations promulgated pursuant thereto, except that any
local law, ordinance or regulation restricting artificial trans fat
adopted by any county or city or department or agency thereof, or town
or village prior to the date this section shall have become a law shall
not be preempted by this act.

JUSTIFICATION:  Cardiovascular disease is the leading cause of death in
the United States and in New York. While cardiovascular disease was
traditionally thought of as a disease that primarily affects men as they
age, we now know that cardiovascular disease often kills people in the
prime of life, with more than half of all deaths occurring among women.
This disease effects men and women of all racial and ethnic backgrounds.
In 2002, over 67,700 New Yorkers died from cardiovascular disease,
accounting for 45% of the deaths in the state. By 2007, the number of
deaths from cardiovascular disease decreased to approximately 59,000
residents. While heart disease deaths have been decreasing, heart
failure-related hospitalizations jumped from just over 1 million to
nearly 4 million between 1979 and 2004. In 2008, the total cost for
cardiovascular disease, including direct costs plus lost productivity
due to illness or death, in New York State was estimated to be $32.6
billion.

Consumption of trans fats is associated with health risks ranging from
coronary heart disease and diabetes to prostate cancer and even female
infertility, trans fats have also been widely implicated in the growing
and seemingly intractable public obesity epidemic. The primary health
concern, coronary heart disease has been conclusively associated with
the consumption of trans fats. Dietary trans fat raises the level of LDL
("bad") cholesterol, and lowers HDL ("good") cholesterol. It has such a
negative effect on HDL that it is considered to be even worse than satu-
rated fat. The United States Department of Agriculture recommends that
consumption of trans fat be "as low as possible" and the American Heart
Association guidelines issued in June 2006 recommend that trans fat
intake be kept below 1% of total calories consumed daily.

Most dietary trans fat is from partially hydrogenated vegetable oil
(PHVO) that has been chemically modified and is called artificial trans
fat. Approximately 80% of trans fat is found in industrially-produced
PHVO, which is used for frying and baking and can be found in processed
foods. Restaurants' use of trans fat in cooking is attributed to its
long shelf life and the enhancement of flavor it gives food. National
surveys show that Americans spend nearly 47% of their food dollars
eating out. An estimated one third of trans fat consumption comes from
foods purchased in restaurants or food establishments.

There are alternative trans fat-free products and many food businesses
have switched to these healthier alternatives. In 2003, the FDA issued
regulations requiring manufacturers to list trans fat on the nutrition
facts panel of foods and some dietary supplements (21 CFR § 101). Subse-
quently, many manufacturers including Frito-Lay, Kraft, and Campbell's
voluntarily eliminated trans fats, and in 2004, a number of restaurant
chains stopped cooking with partially hydrogenated vegetable oils.
Surveys show that at least 33 of the 50 largest U.S. restaurant chains
stopped using partially hydrogenated oils or are in the process of
switching to alternatives. The cities of Philadelphia and New York as
well as Albany County have adopted legislation which will phase out the
use of trans fats.

This bill would not affect naturally occurring trans fat which is pres-
ent in small amounts in dairy and meat products, and foods that have
less than 0.5 grams of any kind of trans fat. It will also allow
affected businesses to sell or serve any sealed packages of foods with
nutrition labels containing artificial trans fat directly to consumers.

LEGISLATIVE HISTORY: 2012: S.7229 Hannon

FISCAL IMPLICATIONS:  Administrative costs for State implementation.

EFFECTIVE DATE:  This act shall take effect on the 540th day after it
shall have become law and shall apply to oils, shortenings and marga-
rines containing artificial trans fat that are used for frying or in
spreads on and after such a date, and shall apply to oils or shortenings
used for deep frying of yeast dough or cake batter and all other foods
containing artificial trans fat on and after December 31, 2014,
provided, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized to be made and completed on
or before such a date.