S T A T E O F N E W Y O R K
________________________________________________________________________
6318
2009-2010 Regular Sessions
I N A S S E M B L Y
March 2, 2009
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Health
AN ACT to authorize the commissioner of health to develop a plan for
voluntary reduction or elimination in the use of trans fat in various
food service providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Voluntary trans fat reduction or elimination program. 1.
The commissioner of health is hereby authorized to develop a voluntary
trans fat reduction or elimination program. For purposes of this
section, "trans fat" means a specific type of fat formed when liquid
fats are made into solid fats by the addition of hydrogen atoms, in a
process known as hydrogenation. Such program shall consist of two main
components: a public information campaign and a protocol for voluntarily
reducing or eliminating the use of trans fats in foods prepared by:
a. food service establishments, including: restaurants, bars, member-
ship organizations, fraternal organizations, and private clubs, except-
ing establishments licensed pursuant to section 64-a of the alcoholic
beverage control law, that are not regulated by the department of agri-
culture and markets; and
b. any institution under the jurisdiction of the department of health
including, but not limited to: public schools, hospitals, nursing homes,
and adult and child daycare facilities.
2. The public information campaign shall be developed, in consultation
with the department of education, to provide public service announce-
ments, website sources and educational brochures about the health risks
associated with trans fat in foods.
3. The commissioner of health, in consultation with the commissioner
of education, shall include in the department of health's annual report
not later than December 31, 2010, a report assessing the success of the
voluntary trans fat reduction or elimination program. Such report shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09906-01-9
A. 6318 2
contain an evaluation of the effectiveness of the voluntary reduction or
elimination program in reducing or eliminating the use of trans fat in
prepared foods sold or provided in New York state, and any recommenda-
tions relating thereto. Such report shall be submitted to the governor,
the temporary president of the senate, the speaker of the assembly, and
any appropriate committees of the legislature concerned with nutritional
standards and health in New York state.
S 2. This act shall take effect immediately. The commissioner of
health is authorized and directed to promulgate any and all rules and
regulations and take any other measures necessary to implement this act
on its effective date on or before such date.