NY State Senate Bill 2009-S3572

Senate Bill S3572

2009-2010 Legislative Session

Requires food service establishments to post a warning when trans fat is used in some or all of their food preparation

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Archive: Last Bill Status - In Senate Committee Health Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Mar 24, 2009	referred to health

co-Sponsors

2009-S3572 (ACTIVE) - Details

See Assembly Version of this Bill:: A7194
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-d, Pub Health L; add §391-q, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5319
2013-2014: A3875

2009-S3572 (ACTIVE) - Summary

Requires food service establishments to post a warning when trans fat is used in some or all of their food preparation.

2009-S3572 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3572

 TITLE OF BILL :
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


 PURPOSE OR GENERAL IDEA OF BILL :
To provide consumers with information about trans fatty acids
contained in the foods they consume at restaurants so that the
consumers are able to make informed choices about nutrition and
healthy dietary practices.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends the Public Health Law by adding a new section 1352-d and the
General Business Law by adding a new section 391-q, each of which
requires food service establishments (as declined in the state
sanitary code) to post a notice at or near the entrance to the
establishment if the establishment uses trans fat in the preparation
of some or all of its food. The notice shall state such use as well as
a warning that trans fats increase the risks of heart attack.
Subsection 2 requires the food service establishment to inquire
whether food obtained from vendors was prepared using trans fat and
requires the same notice if food served to consumers from vendors were
prepared with trans fat. Section 3 provides for penalties of up to

five hundred dollars for an initial violation and up to one thousand
dollars for subsequent violations. Section 4 defines trans fat.

 JUSTIFICATION :
It has been determined that trans fats have an adverse effect on blood
cholesterol, raising the levels of LDLs, or "bad" cholesterol and
lowering the levels of HDLs or "good" cholesterol. The result is that
trans fats increase the risks of and associated with coronary heart
disease and can increase the risks of heart attacks, strokes and
type-two diabetes. More people die of cardiovascular disease in New
York State than of any other illness or disease and the cost of
cardiovascular disease in the state was over $16 billion in 2002.

Because of the risks associated with the consumption of trans fats,
experts recommends that no more than 1% of a person's daily calories
come from trans fats. The Food and Drug Administration has recognized
the substantial interest that the government has in assisting
consumers to maintain healthy dietary practices and therefore, to
enable the consumer to make appropriate and informed choices, has
required that trans fat content be listed on nutritional information
panels on foods. The FDA estimates that this labeling requirement will
annually prevent from 600 to 1,200 heart attacks and save 250-500
lives. Based on this estimate, this rule will realize a cost savings
of $900 million to $ 1.8 billion per year in medical costs, lost
productivity, and pain and suffering.

Since restaurants are not subject to nutrition labeling requirements,
often a customer may consume multiple times more trans fat than the
recommended amounts without realizing it. In response to this issue,
New York City has banned the use of trans fats in restaurants. Rather
than ban trans tats, this bill balances the public policy in favor of
allowing consumers to make informed decisions about their health and
dietary choices and the state's interest in reducing coronary heart
disease with the ability of a food service establishment to make its
own choices regarding food preparation. At the same time, public
opinion may help encourage such establishments to minimize or
discontinue the use of trans fats.

 PRIOR LEGISLATIVE HISTORY :
None.
 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect one hundred eighty days after it shall have
become a law.

2009-S3572 (ACTIVE) - Bill Text download pdf

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

                                  3572

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 24, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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-
TEN COMMUNICATION AT OR NEAR THE ENTRANCE WITHIN  SEVENTY-TWO  HOURS  OF
THE  VIOLATION  AND  THEREAFTER,  THE  FIVE HUNDRED DOLLAR FINE SHALL BE

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

S. 3572                             2

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.

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Senate Bill S3572

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Ruben Diaz

Shirley L. Huntley

George Onorato

Antoine M. Thompson

2009-S3572 (ACTIVE) - Details

2009-S3572 (ACTIVE) - Summary

2009-S3572 (ACTIVE) - Sponsor Memo

2009-S3572 (ACTIVE) - Bill Text download pdf

Comments