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

                                  7194

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2009
                               ___________

Introduced  by  M. of A. TITONE, PAULIN, BARRON, CASTRO, COLTON, ESPAIL-
  LAT, KOON,  LANCMAN,  REILLY,  BURLING,  McDONOUGH,  RAIA,  WALKER  --
  Multi-Sponsored  by  --  M.  of  A.   BROOK-KRASNY, EDDINGTON, FIELDS,
  GABRYSZAK, GREENE, MAYERSOHN, MENG, STIRPE, WEISENBERG  --  read  once
  and referred to the Committee on Consumer Affairs and Protection

AN  ACT  to amend the public health law and the general business law, in
  relation to requiring food service establishments to  post  a  warning
  when trans fat is used in some or all of their food preparation

  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. TRANS FAT USAGE WARNING. 1. ANY FOOD SERVICE ESTABLISHMENT,
AS DEFINED IN THE STATE SANITARY CODE, WHERE TRANS FATS ARE USED IN SOME
OR ALL OF THE PREPARATION OF FOODS FOR CONSUMERS, SHALL  PROVIDE  NOTICE
TO  PATRONS BY MEANS OF SIGNS, PRINTED MATERIALS OR OTHER WRITTEN COMMU-
NICATION AT OR NEAR THEIR ENTRANCES, TO READ AS FOLLOWS: "WARNING:  THIS
ESTABLISHMENT USES TRANS FAT IN THE PREPARATION OF SOME OR  ALL  OF  THE
FOOD  SERVED.  WHEN  CONSUMED,  TRANS  FAT  INCREASES  THE RISK OF HEART
ATTACK, STROKE AND THE DEVELOPMENT OF TYPE-TWO DIABETES."
  2. FOOD SERVICE ESTABLISHMENTS SHALL INQUIRE AND REPORT  TO  CONSUMERS
WHETHER  FOOD OBTAINED FROM VENDORS USES TRANS FAT IN THE PREPARATION OF
THE FOOD PROVIDED TO THE FOOD SERVICE ESTABLISHMENT.  WHERE  TRANS  FATS
ARE  USED IN SOME OR ALL OF THE PREPARATION OF FOODS PROVIDED BY VENDORS
FOR CONSUMERS IN A FOOD  ESTABLISHMENT,  NOTICE  SHALL  BE  PROVIDED  TO
PATRONS  BY  MEANS OF SIGNS, PRINTED MATERIALS OR OTHER WRITTEN COMMUNI-
CATION AT OR NEAR ENTRANCES.
  3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL  CONSTITUTE  AN
OFFENSE  PUNISHABLE  BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR
THE FIRST OFFENSE; PROVIDED, HOWEVER THAT IF THE FOOD SERVICE ESTABLISH-
MENT PROVIDES THE INFORMATION BY SIGN, PRINTED MATERIALS OR OTHER  WRIT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08895-02-9
              

A. 7194                             2

TEN  COMMUNICATION  AT  OR NEAR THE ENTRANCE WITHIN SEVENTY-TWO HOURS OF
THE VIOLATION AND THEREAFTER, THE FIVE  HUNDRED  DOLLAR  FINE  SHALL  BE
WAIVED.  A SECOND OR SUBSEQUENT OFFENSE SHALL BE PUNISHABLE BY A FINE OF
NOT MORE THAN ONE THOUSAND DOLLARS.
  4.  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.
  S 2. The general business law is amended by adding a new section 391-q
to read as follows:
  S  391-Q.  TRANS FAT USAGE WARNING. 1. ANY FOOD SERVICE ESTABLISHMENT,
AS DEFINED IN THE STATE SANITARY CODE, WHERE TRANS FATS ARE USED IN SOME
OR ALL OF THE PREPARATION OF FOODS FOR CONSUMERS, SHALL  PROVIDE  NOTICE
TO  PATRONS BY MEANS OF SIGNS, PRINTED MATERIALS OR OTHER WRITTEN COMMU-
NICATION AT OR NEAR THEIR ENTRANCES, TO READ AS FOLLOWS: "WARNING:  THIS
ESTABLISHMENT  USES  TRANS  FAT IN THE PREPARATION OF SOME OR ALL OF THE
FOOD SERVED. WHEN CONSUMED,  TRANS  FAT  INCREASES  THE  RISK  OF  HEART
ATTACK, STROKE AND THE DEVELOPMENT OF TYPE-TWO DIABETES."
  2.  FOOD  SERVICE ESTABLISHMENTS SHALL INQUIRE AND REPORT TO CONSUMERS
WHETHER FOOD OBTAINED FROM VENDORS USES TRANS FAT IN THE PREPARATION  OF
THE  FOOD  PROVIDED  TO THE FOOD SERVICE ESTABLISHMENT. WHERE TRANS FATS
ARE USED IN SOME OR ALL OF THE PREPARATION OF FOODS PROVIDED BY  VENDORS
FOR  CONSUMERS  IN  A  FOOD  ESTABLISHMENT,  NOTICE SHALL BE PROVIDED TO
PATRONS BY MEANS OF SIGNS, PRINTED MATERIALS OR OTHER  WRITTEN  COMMUNI-
CATION AT OR NEAR ENTRANCES.
  3.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE AN
OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED  DOLLARS  FOR
THE FIRST OFFENSE; PROVIDED, HOWEVER THAT IF THE FOOD SERVICE ESTABLISH-
MENT  PROVIDES THE INFORMATION BY SIGN, PRINTED MATERIALS OR OTHER WRIT-
TEN COMMUNICATION AT OR NEAR THE ENTRANCE WITHIN  SEVENTY-TWO  HOURS  OF
THE  VIOLATION  AND  THEREAFTER,  THE  FIVE HUNDRED DOLLAR FINE SHALL BE
WAIVED. A SECOND OR SUBSEQUENT OFFENSE SHALL BE PUNISHABLE BY A FINE  OF
NOT MORE THAN ONE THOUSAND DOLLARS.
  4.  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.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that the commissioner of
health is authorized 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.