S T A T E O F N E W Y O R K
________________________________________________________________________
216
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. ORTIZ, GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, 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. The public health law is amended by adding a new section
1352-d 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.
3. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES
AND REGULATIONS FOR RECORDKEEPING AND DOCUMENTATION BY RESTAURANTS AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03934-01-1
A. 216 2
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 SUCH LOCAL
GOVERNMENTS. THE COMMISSIONER SHALL DEVELOP GUIDELINES, INCLUDING RECOM-
MENDATIONS FOR HEALTHIER ALTERNATIVES TO ARTIFICIAL TRANS FAT, TO ASSIST
RESTAURANTS AND FOOD ESTABLISHMENTS IN COMPLYING WITH THE PROVISIONS OF
THIS SECTION. SUCH GUIDELINES SHALL BE MADE AVAILABLE TO RESTAURANTS AND
FOOD ESTABLISHMENTS UPON REQUEST AND SHALL BE PROVIDED ON THE DEPART-
MENT'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.
S 2. This act shall take effect immediately.