NY State Assembly Bill 2009-A9026

Assembly Bill A9026

2009-2010 Legislative Session

Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	ordered to third reading cal.638 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly ordered to third reading rules cal.671 rules report cal.671 reported reported referred to rules
Jun 19, 2009	referred to health

co-Sponsors

2009-A9026 (ACTIVE) - Details

See Senate Version of this Bill:: S6053
Law Section:: Public Health Law
Laws Affected:: Amd §1352-d, Pub Health L; amd §2, Chap of 2009 (as proposed in S. 5937/A. 6359)
Versions Introduced in 2011-2012 Legislative Session:: A216

2009-A9026 (ACTIVE) - Summary

Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat; takes effect 180 days with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads and December 31, 2010 with respect to all other oils or shortenings used for deep frying of yeast dough or cake batter and all other foods containing artificial trans fat.

2009-A9026 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9026

TITLE OF BILL:
An act
to amend the public health law and a chapter of the laws of 2009,
amending the public health law relating to prohibiting certain
restaurants and food establishments from serving foods containing
artificial trans fat, as proposed in legislative bills numbers S.5937
and A.6359, in relation to prohibiting certain restaurants and food
establishments from serving foods containing artificial trans fat

PURPOSE OF BILL: To prohibit certain restaurants and
food
establishments from serving foods containing artificial trans fat and
protect consumers from the detrimental health effects of those fats.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends the Public
Health Law by adding a new section 1352-d

SUMMARY OF SPECIFIC PROVISIONS: Subdivision 1
provides that 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 establishments, mobile food

service establishment commissaries, retail food stores and other food
establishments subject to the provisions of section thirteen hundred
and fifty-one of this title, except food that is served or sold
directly to patrons in a manufacturer's original sealed package that
bears a nutrition facts label consistent with federal law and
regulation.

Subdivision 2 defines trans fat as food that 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 law
shall not apply to foods containing only naturally occurring trans fat.

Subdivision 3 Authorizes the Commissioner to promulgate rules and
regulations, after consulting with affected food businesses and local
governments with similar rules, for recordkeeping and documentation
by restaurants and food establishments necessary for compliance.
Authorizes the Commissioner to develop guidelines, including
recommendations for healthier alternatives to artificial trans fat.
Provides that the guidelines be available upon request to restaurants
and food establishments and be provided on the Department's internet
website.

Subdivision 4 establishes the penalty be in compliance with section 12
of same chapter.

Subdivision 5 Authorizes existing local trans fat laws or regulations
to continue but preempts any additional local trans fat laws or
regulations, however, this subdivision shall sunset on Dec. 31, 2021.

Subdivision 6 The law will take effect in 180 days for oils,
shortenings and margarines containing artificial trans fat used for
frying or in spreads, and shall take effect on Dec. 31, 2010 for oils
and shortenings used for deep frying of yeast dough or cake batter
and all other foods containing artificial trans fat.

JUSTIFICATION: Cardiovascular disease is the leading
cause of death in
New York State. It affects both men and women, and touches across all
racial and ethnic groups. In 2002, more than 67,700 New Yorkers died
from cardiovascular disease, accounting for 45% of all deaths in the
state. That number continues to grow. Additionally, in 2002, the
estimated direct (medical) and indirect (lost productivity) cost of
cardiovascular disease in New York was an alarming $15 billion,

There is evidence that clearly demonstrates a connection between
increased trans fat intake and the risk of cardiovascular disease.
Dietary trans fat raises the level of LDL ("bad") cholesterol, and
lowers HDL ('good") cholesterol. It has such a negative effect on HDL
that it is considered to be even worse than saturated fat. The United
States Department of Agriculture recommends that consumption of trans
fat be "as low as possible" and the American Heart Association
guidelines issued in June 2006 recommend that trans fat intake be
kept below 1% of total calories consumed daily.

Most dietary trans fat is from partially hydrogenated vegetable oil
(PHVO) that has been chemically modified and is called artificial
trans fat. Approximately 80% of trans fat is found in
industrially-produced PHVO, which is used for frying and baking and
can be found in processed foods. Restaurants' use of trans fat in
cooking is attributed to its
long shelf life and the enhancement of flavor it gives food. There are
alternative trans fat-free products and many food businesses have
switched. This bill would not affect naturally occurring trans fat
which is present in small amounts in dairy and meat.products and
foods that have less than 0.5 grams of any kind of trans fat. It will
also allow
affected businesses to sell or serve any sealed packages of foods with
nutrition labels containing artificial trans fat directly to consumers.

National surveys show that Americans spend nearly 47% of their food
dollars eating out. An estimated one third of trans fat consumption
comes from foods purchased in restaurants or food establishments. The
continued presence of PHVO in restaurant food represents a dangerous
contribution to cardiovascular disease in New York State. Since

consumers should not only be concerned with consumption of artificial
trans fat, but with all other fats as well, this bill requires the
Commissioner to work with restaurants and food establishments to
identify healthy alternatives.

LEGISLATIVE HISTORY: 2007/08 - ref to Rules, print
9031B

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Administrative
costs for State implementation.

EFFECTIVE DATE: This section shall take immediately
provided that
section one of this act shall take effect the same date and in the
same manner as a chapter of the laws of 2009, amending the public
health law relating to prohibiting certain restaurants and food
establishments from serving foods containing artificial trans fat, as
proposed in legislative bills numbers S.5937 and A.6359.

2009-A9026 (ACTIVE) - Bill Text download pdf

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

                                  9026

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2009
                               ___________

Introduced by M. of A. ORTIZ, GOTTFRIED -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law and a chapter of the laws of 2009,
  amending the public health law relating to prohibiting certain restau-
  rants and food establishments from serving foods containing artificial
  trans fat, as proposed in legislative bills numbers S.5937 and A.6359,
  in relation to prohibiting certain restaurants and food establishments
  from serving foods containing artificial trans fat

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

  Section 1. Section 1352-d of the public health law, as  amended  by  a
chapter  of the laws of 2009, amending the public health law relating to
prohibiting certain restaurants and  food  establishments  from  serving
foods  containing artificial trans fat, as proposed in legislative bills
numbers S.5937 and A.6359, is amended 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 ESTABLISHMENTS, mobile food service  establishment  commis-
saries,  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  manufactur-
er's original sealed package THAT BEARS A NUTRITION FACTS LABEL CONSIST-
ENT WITH FEDERAL LAW AND REGULATION.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12113-02-9

A. 9026                             2

  3. The commissioner is authorized and  directed  to  promulgate  rules
and  regulations  for recordkeeping and documentation by restaurants and
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]  SUCH
LOCAL  governments. The commissioner shall develop guidelines, including
recommendations 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 restaurants and food establishments UPON REQUEST 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.  Section 2 of a chapter of the laws of 2009, amending the public
health law relating to prohibiting certain restaurants and  food  estab-
lishments  from  serving  foods  containing  artificial  trans  fat,  as
proposed in legislative bills numbers S.5937 and A.6359, is  amended  to
read as follows:
  S 2. This act shall take effect ON THE ONE HUNDRED EIGHTIETH DAY AFTER
IT  SHALL HAVE BECOME A LAW WITH RESPECT TO OILS, SHORTENINGS AND MARGA-
RINES CONTAINING ARTIFICIAL TRANS FAT THAT ARE USED  FOR  FRYING  OR  IN
SPREADS, AND SHALL TAKE EFFECT December 31, 2010 WITH RESPECT TO OILS OR
SHORTENINGS  USED  FOR DEEP FRYING OF YEAST DOUGH OR CAKE BATTER AND ALL
OTHER FOODS CONTAINING ARTIFICIAL TRANS FAT,  provided,  that  effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
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.
  S 3. This act shall take effect immediately; provided that section one
of this act shall take effect on the same date and in the same manner as
a  chapter  of the laws of 2009, amending the public health law relating
to prohibiting certain restaurants and food establishments from  serving
foods  containing artificial trans fat, as proposed in legislative bills
numbers S.5937 and A.6359, takes effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A9026

Share this bill

Sponsored By

ORTIZ