BILL NUMBER:  S5937

 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; and providing for the repeal of
certain provisions upon expiration thereof

 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
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.

              

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 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 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 in 2020.

Subdivision 6 Oils, shortenings and margarines containing artificial
trans fat will be affected on Dec. 31 2009 and on June 1, 2010 all
other foods containing artificial trans fat will be affected.

 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 4.5 grams of any
kind of trans fat . It will also allow affected businesses to sell or
serve any sealed packages of foods 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 - Referred to Rules, Print 9031B

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

 EFFECTIVE DATE :
This section shall take effect December 31, 2010 provided however,
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. The preemption subdivision will sunset December 31, 2021.