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

                                  6359

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

Introduced  by  M.  of A. ORTIZ, J. RIVERA, GOTTFRIED, HEASTIE, PERALTA,
  MAISEL, TITONE, HOOPER -- Multi-Sponsored by  --  M.  of  A.  BRENNAN,
  GABRYSZAK, GLICK, MAYERSOHN, PERRY, N. RIVERA, WEISENBERG -- read once
  and referred 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 ESTABLISHMENT COMMISSARIES, 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 MANUFACTURER'S ORIGINAL SEALED PACKAGE.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD04164-03-9
              

A. 6359                             2

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 OTHER GOVERN-
MENTS. THE COMMISSIONER SHALL DEVELOP GUIDELINES, INCLUDING  RECOMMENDA-
TIONS   FOR   HEALTHIER   ALTERNATIVES   TO  ARTIFICIAL  TRANS  FAT  AND
IDENTIFICATION OF PRODUCTS AND SUPPLIERS OF SUCH ALTERNATIVES, TO ASSIST
RESTAURANTS AND FOOD ESTABLISHMENTS IN COMPLYING WITH THE PROVISIONS  OF
THIS SECTION. SUCH GUIDELINES SHALL BE MADE READILY AVAILABLE TO RESTAU-
RANTS  AND FOOD ESTABLISHMENTS AND SHALL BE PROVIDED ON THE DEPARTMENT'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.
  6.  THIS SECTION SHALL TAKE EFFECT DECEMBER THIRTY-FIRST, TWO THOUSAND
TEN WITH RESPECT TO OILS, SHORTENINGS AND MARGARINES CONTAINING  ARTIFI-
CIAL  TRANS  FAT,  AND SHALL TAKE EFFECT JUNE FIRST, TWO THOUSAND ELEVEN
WITH RESPECT TO ALL OTHER FOODS CONTAINING ARTIFICIAL TRANS FAT.
  S 2. This act shall take effect  December  31,  2010,  provided,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  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, 2021.