Bill S6922-2009

Prohibits certain restaurants and food establishments from serving foods containing artificial trans fat

Prohibits certain restaurants and food establishments from serving foods containing artificial trans fat.

Details

Actions

  • Jun 15, 2010: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 11, 2010: REPORTED AND COMMITTED TO CODES
  • Feb 25, 2010: REFERRED TO HEALTH

Votes

VOTE: COMMITTEE VOTE: - Health - May 11, 2010
Ayes (8): Duane, Montgomery, Kruger, Sampson, Klein, Valesky, Stewart-Cousins, Thompson
Ayes W/R (4): Johnson C, Larkin, Fuschillo, Saland
Nays (5): Hannon, Farley, Winner, Little, Young

Memo

 BILL NUMBER:  S6922

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; and providing for the repeal of certain provisions upon expiration thereof

PURPOSE :

This bill prohibits certain restaurants and food establishments from serving foods containing artificial trans fat to protect consumers from the detrimental health effects of those fats.

SUMMARY OF PROVISIONS :

Section 1 of the bill amends the Public Health Law (PHL) by adding a new § 1352-d. New PHL § 1352-d(1) provides that no food containing artificial trans fat, as defined by the 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 PHL § 1351, 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 regulation.

New PHL § 1352-d(2) defines artificial 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. The bill does not apply to foods containing only naturally occurring trans fat.

New PHL § 1352-d(3) authorizes the Commissioner of Health (the Commissioner) to promulgate rules and regulations, after consulting with affected food businesses, local governments with similar rules, and the Commissioner of Agriculture and Markets, regarding recordkeeping and documentation by restaurants and food establishments necessary for compliance. The section further requires the Commissioner to develop guidelines, including recommendations for healthier alternatives to artificial trans fat, to assist restaurants and other food establishments with compliance. Additionally, new PHL § 1352-d provides that the guidelines must be made available to restaurants and food establishments upon request and on the Department of Health's Internet website.

New PHL § 1352-d(4) provides that penalties for violations of PHL § 1352-d are those available under PHL § 12.

New PHL § 1352-d(5) authorizes existing local trans fat laws or regulations to continue but preempts any additional local trans fat laws or regulations. However, this subdivision shall sunset on December 31, 2022.

Section 2 of the bill provides that the bill takes effect in 180 days for oils, shortenings and margarines containing artificial trans fat used for frying or in spreads, and takes effect on December 31, 2012 for oils and shortenings used for deep frying of yeast dough or cake batter and all other foods containing artificial trans fat.

EXISTING LAW : PHL § 12 provides for monetary penalties for violations of the PHL or any regulation promulgated thereunder, if no specific penalty is otherwise provided, in an amount of up to $2,000 per violation or in higher amounts in certain egregious situations.

PHL § 1350 authorizes the Commissioner of Health to inspect and supervise all public places in New York in which food is prepared, sold or served, although the Commissioner may designate persons to conduct such inspections.

PHL § 1351 requires persons in charge of any place engaged in the preparation, sale or -service of food for and to the general public to permit inspectors access to their facilities for the . purpose of ascertaining compliance with PHL §§ 1350 through 1353 and the State Sanitary Code.

JUSTIFICATION :

Cardiovascular disease is the leading cause of death in New York State. It affects both men and women, and touches across all racial and ethnic groups. In 2002, more than 67,700 New Yorkers died from. cardiovascular disease, accounting for 45 percent of all deaths in the state. That number continues to grow. Additionally, in 2002, the estimated direct (medical) and indirect (lost productivity) cost of cardiovascular disease in New York was an alarming $15 billion.

There is evidence that clearly demonstrates a connection between increased trans fat intake and the risk of cardiovascular disease. 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 saturated 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 one percent 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 per-cent 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. There are alternative trans fat-free products and many food businesses have switched to them. This bill would not affect naturally occurring trans fat which is present 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.

National surveys show that Americans spend nearly 47 percent of their food dollars eating out. An estimated one-third of trans fat consumption comes from foods purchased in restaurants or food establishments. The continued presence of PHVO in restaurant food represents a dangerous contribution to cardiovascular disease in New York State, Since consumers should not only be concerned with consumption of artificial trans fat, but with all other fats as well, this bill requires the Commissioner of Health to work with restaurants and food establishments to identify healthy alternatives.

BUDGETARY IMPLICATIONS :

Because enforcement of the bill's provisions will occur as part of regular inspections of restaurants or other food establishments, the bill is not expected to have a fiscal impact on the State or localities. EFFECTIVE DATE : This bill takes effect: (1) 180 days after enactment with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads, and (2) on December 31, 2011 with respect to oils or shortenings used for deep frying of yeast dough or cake batter and with respect to all other foods containing artificial trans fat. The Commissioner of Health may promulgate any necessary regulations prior to that date.

Text

STATE OF NEW YORK ________________________________________________________________________ 6922 IN SENATE February 25, 2010 ___________
Introduced by Sen. DUANE -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 1352-d to read as follows: S 1352-D. ARTIFICIAL TRANS FAT; PROHIBITION. 1. 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 COMMIS- SARIES, RETAIL FOOD STORES AS DEFINED IN SECTION FIVE HUNDRED OF THE AGRICULTURE AND MARKETS LAW, AND OTHER FOOD ESTABLISHMENTS, SUBJECT TO THE PROVISIONS OF SECTION THIRTEEN HUNDRED FIFTY-ONE OF THIS TITLE, EXCEPT FOOD THAT IS SERVED OR SOLD DIRECTLY TO PATRONS IN A MANUFACTUR- ER'S ORIGINAL SEALED PACKAGE THAT BEARS A NUTRITION FACTS LABEL CONSIST- ENT WITH FEDERAL LAW AND REGULATION. 2. FOR THE PURPOSES OF THIS SECTION, A FOOD SHALL BE DEEMED TO CONTAIN ARTIFICIAL TRANS FAT IF THE FOOD 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 SECTION SHALL NOT APPLY TO FOODS CONTAINING ONLY NATURALLY OCCURRING TRANS FAT. 3. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND REGULATIONS FOR RECORDKEEPING AND DOCUMENTATION BY RESTAURANTS AND FOOD ESTABLISHMENTS SUBJECT TO THIS SECTION NECESSARY FOR COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. THE COMMISSIONER SHALL CONSULT WITH
REPRESENTATIVES OF RESTAURANTS AND FOOD ESTABLISHMENTS, ANY COUNTY OR MUNICIPAL HEALTH DEPARTMENTS THAT HAVE SIMILAR LAWS OR REGULATIONS AND THE COMMISSIONER OF AGRICULTURE AND MARKETS, PRIOR TO PROMULGATING ANY SUCH RULES OR REGULATIONS AND, TO THE MAXIMUM EXTENT PRACTICABLE, INCOR- PORATE SIMILAR RULES AND REGULATIONS ALREADY ADOPTED BY SUCH LOCAL GOVERNMENTS. THE COMMISSIONER SHALL DEVELOP GUIDELINES, INCLUDING RECOM- MENDATIONS FOR HEALTHIER ALTERNATIVES TO ARTIFICIAL TRANS FAT, TO ASSIST RESTAURANTS AND FOOD ESTABLISHMENTS IN COMPLYING WITH THE PROVISIONS OF THIS SECTION. SUCH GUIDELINES SHALL BE MADE AVAILABLE TO RESTAURANTS AND FOOD ESTABLISHMENTS UPON REQUEST AND SHALL BE PROVIDED ON THE DEPART- MENT'S INTERNET WEBSITE. 4. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTEEN HUNDRED FIFTY-THREE OF THIS TITLE, THE PENALTY FOR A VIOLATION OF THIS SECTION SHALL BE LIMITED TO THE PENALTY SET FORTH IN SECTION TWELVE OF THIS CHAPTER. 5. THE PROVISIONS OF THIS SECTION SHALL RESTRICT 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 STAND- ARDS 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 SECTION. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law with respect to oils, shortenings and marga- rines containing artificial trans fat that are used for frying or in spreads, and shall take effect December 31, 2011 with respect to oils or shortenings used for deep frying of yeast dough or cake batter and all other foods containing artificial trans fat, provided, that effective immediately, the addition, amendment and/or repeal of any rule or regu- lation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date; and provided, further, that subdivision 5 of section 1352-d of the public health law, as added by section one of this act, shall expire and be deemed repealed December 31, 2022.

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