S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2514

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. CLARK --
  read once and referred  to  the  Committee  on  Consumer  Affairs  and
  Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  restaurants from selling foods containing trans fats and requiring the
  posting of calorie, fat and sodium content in food items sold

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    The  general  business  law  is amended by adding a new
section 396-jj to read as follows:
  S 396-JJ. RESTAURANTS; TRANS FATS PROHIBITED.  1.  ANY  RESTAURANT  OR
OTHER  FOOD  SERVICE  ESTABLISHMENT WHERE FOOD IS PREPARED OR COOKED AND
OFFERED FOR SALE TO THE PUBLIC FOR CONSUMPTION  ON  PREMISES  SHALL  NOT
UTILIZE  ANY  TRANS  FATS IN THE PREPARATION OR COOKING OF ANY FOOD ITEM
OFFERED FOR SALE IN SUCH ESTABLISHMENT AND SHALL NOT OFFER FOR  SALE  OR
SERVE ANY FOOD CONTAINING ANY TRANS FATS.
  2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE RESPONDENT  OF
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE  COURT  OR
JUSTICE  THAT  THE  RESPONDENT  HAS,  IN FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT
SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT
MAY IMPOSE A CIVIL PENALTY OF FIFTY  DOLLARS  FOR  EACH  DAY  THAT  SUCH
VIOLATION  OCCURS,  BUT  IN  NO  EVENT  SHALL THE TOTAL PENALTY THEREFOR
EXCEED FIVE HUNDRED DOLLARS. IN CONNECTION WITH  ANY  SUCH  APPLICATION,
THE  ATTORNEY  GENERAL  IS  AUTHORIZED TO TAKE PROOF AND MAKE A DETERMI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03394-01-9
              

A. 2514                             2

NATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN  ACCORDANCE  WITH
THE CIVIL PRACTICE LAW AND RULES. FOOD ITEMS SHALL BE ANALYZED FOR CALO-
RIE,  SATURATED  AND  TRANS  FAT,  CARBOHYDRATE AND SODIUM CONTENT USING
METHODS APPROVED BY THE COMMISSIONER OF PUBLIC HEALTH.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.