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
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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.