Senate Bill S2822

                                 BILL NUMBER:  S2822

 TITLE OF BILL :
An act to amend the public health law, 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 to protect consumers from
the detrimental health effects of those fats

 EXISTING LAW :
Amends the Public Health Law by adding a new section 1352-d.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 authorizes the Commissioner of Health to promulgate rules
and regulations prohibiting restaurants or food establishments,
subject to the provisions of § 1351, from offering, serving,
distributing, storing, holding or using in the preparation of any menu
item, foods containing artificial trans fat.  Such regulations do not
apply to: food sold or served directly to consumers in the original
sealed package labeled with federal nutrient facts; food con~g less
than 0.5 grams of artificial trans fat per serving; or food with only
natural trans fat.
              

Section 2 defines trans fat as having the same meaning as used by the
federal Food and Drug Administration, artificial trans fat does not
include naturally occurring trans fat and food is deemed to contain
artificial trans fat if the food is labeled as an ingredient, or
contains any kind of partially hydrogenated vegetable oil, including
but not limited to, vegetable shortening or margarine.

Section 3 Authorizes the Commissioner to promulgate rules and
regulations, after consulting with restaurants 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 and identification of
products and suppliers of such alternatives.  Provides that the
guidelines be made readily available to restaurants and food
establishments and be provided on the Department's website.

Section 4 establishes the penalty be in compliance with section 12 of
this chapter.

Section 5 allows for stronger local laws or regulations.

 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 43% 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 $16 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.

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 :
New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
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 effective date is authorized to be
made and completed on or before such date. CONTACT:  Task Force on
Food, Farm and Nutrition Policy 455-5203