S T A T E   O F   N E W   Y O R K
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                                 7109--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2015
                               ___________

Introduced  by M. of A. ORTIZ, GALEF, ABINANTI, MOSLEY, SEPULVEDA, SKAR-
  TADOS, SKOUFIS, GOTTFRIED -- Multi-Sponsored by  --  M.  of  A.  FAHY,
  THIELE  -- read once and referred to the Committee on Health -- recom-
  mitted to the Committee on Health in accordance with Assembly Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the  public  health  law,  in  relation  to  prohibiting
  certain   restaurants  and  food  establishments  from  serving  foods
  containing artificial trans fat

  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-f to read as follows:
  S 1352-F. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03576-04-6

              

A. 7109--A                          2

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.