S T A T E   O F   N E W   Y O R K
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                                  6031

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2013
                               ___________

Introduced  by M. of A. ORTIZ, PAULIN, GOTTFRIED, TITONE, PERRY, RIVERA,
  GALEF -- Multi-Sponsored by -- M. of A. BOYLAND, GLICK  --  read  once
  and referred to the Committee on Health

AN  ACT  to  amend the public health law and the agriculture and markets
  law, in relation to prohibiting the sale or use  of  artificial  trans
  fats  in  food  service establishments, mobile food service establish-
  ments and retail food stores

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

  Section  1.   Section 1351 of the public health law is amended to read
as follows:
  S 1351. Food places; duty to permit inspections. Every  owner,  opera-
tor, lessor, lessee or person in charge of any hotel, restaurant, dining
room,  dining  car,  drug store, soda fountain, steamboat or other place
engaged in the preparation, sale or service  of  food  for  and  to  the
general  public,  and  every  officer  or  other person in charge of any
public, penal or charitable institution in this state, shall permit  the
commissioner  or  his duly authorized agents or employees to have access
to all parts of any and all of such places herein mentioned wherein food
is stored, prepared or served for the purpose  of  ascertaining  whether
the  provisions  of  sections thirteen hundred fifty to thirteen hundred
fifty-two, inclusive, AND SECTION THIRTEEN  HUNDRED  FIFTY-SIX  of  this
[chapter]  TITLE, and the provisions of the sanitary code and provisions
of local ordinances or regulations are being observed.
  S 2. The public health law is amended by adding a new section 1356  to
read as follows:
  S  1356.  FOOD CONTAINING ARTIFICIAL TRANS FAT. 1. (A) NO FOOD SERVICE
ESTABLISHMENT OR MOBILE FOOD SERVICE ESTABLISHMENT, AS  DEFINED  BY  THE
STATE  SANITARY  CODE, SHALL STORE, DISTRIBUTE, HOLD FOR SERVICE, USE IN
PREPARATION OF ANY MENU ITEM, SERVE OR SELL ANY FOOD, AS DEFINED BY  THE
STATE SANITARY CODE, CONTAINING ARTIFICIAL TRANS FAT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09526-01-3
              

A. 6031                             2

  (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO FOOD THAT IS:
(I)  SERVED OR SOLD DIRECTLY TO PATRONS OR CUSTOMERS IN A MANUFACTURER'S
ORIGINAL SEALED PACKAGE THAT BEARS A NUTRITION FACTS LABEL IN  THE  FORM
REQUIRED BY THE FEDERAL NUTRITION LABELING AND EDUCATION ACT OF 1990 AND
THE  ASSOCIATED REGULATIONS OF THE FEDERAL FOOD AND DRUG ADMINISTRATION;
OR (II) STORED, HELD OR USED FOR THE PURPOSE OF MANUFACTURING FOOD  THAT
IS  SERVED  OR SOLD DIRECTLY TO PATRONS OR CUSTOMERS IN A MANUFACTURER'S
ORIGINAL SEALED PACKAGE THAT BEARS A NUTRITION FACTS LABEL IN  THE  FORM
REQUIRED BY THE FEDERAL NUTRITION LABELING AND EDUCATION ACT OF 1990 AND
THE ASSOCIATED REGULATIONS OF THE FEDERAL FOOD AND DRUG ADMINISTRATION.
  2.  (A)  A FOOD SHALL BE DEEMED TO CONTAIN ARTIFICIAL TRANS FAT IF THE
FOOD IS LABELED AS, LISTS AS AN INGREDIENT, OR CONTAINS:  (I)  VEGETABLE
SHORTENING  OR MARGARINE, UNLESS DOCUMENTATION ACCEPTABLE TO THE DEPART-
MENT DEMONSTRATES THAT SUCH VEGETABLE SHORTENING OR  MARGARINE  CONTAINS
NO  PARTIALLY  HYDROGENATED VEGETABLE OIL; OR (II) ANY KIND OF PARTIALLY
HYDROGENATED VEGETABLE OIL.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION,  A  FOOD  WHICH
HAS,  ACCORDING  TO  THE  NUTRITION  FACTS  LABEL OR OTHER DOCUMENTATION
ACCEPTABLE TO THE DEPARTMENT, A TRANS FAT CONTENT OF LESS THAN 0.5 GRAMS
PER SERVING SHALL NOT BE DEEMED TO CONTAIN ARTIFICIAL TRANS FAT.
  3. WITH RESPECT TO ANY FOOD STORED,  DISTRIBUTED,  HELD  FOR  SERVICE,
USED  IN  PREPARATION OF ANY MENU ITEM, SERVED OR SOLD BY A FOOD SERVICE
ESTABLISHMENT OR A MOBILE FOOD SERVICE ESTABLISHMENT THAT IS OR CONTAINS
VEGETABLE SHORTENING, MARGARINE OR ANY KIND  OF  PARTIALLY  HYDROGENATED
VEGETABLE OIL, THE ESTABLISHMENT SHALL MAINTAIN, FOR AS LONG AS THE FOOD
IS  STORED,  DISTRIBUTED,  HELD  FOR SERVICE, USED IN PREPARATION OF ANY
MENU ITEM, SERVED OR SOLD AND IN A MANNER SPECIFIED BY  THE  DEPARTMENT,
DOCUMENTATION ACCEPTABLE TO THE DEPARTMENT WHICH ESTABLISHES THE ARTIFI-
CIAL TRANS FAT CONTENT OF THE FOOD.
  S  3.  Section  500  of  the agriculture and markets law is amended by
adding a new subdivision 6 to read as follows:
  6. (A) (I) NO FOOD SERVICE ESTABLISHMENT  OR  RETAIL  FOOD  STORE,  AS
DEFINED  BY THIS SECTION, SHALL STORE, DISTRIBUTE, HOLD FOR SERVICE, USE
IN PREPARATION OF ANY MENU ITEM, SERVE OR SELL ANY FOOD, AS  DEFINED  BY
SECTION  ONE HUNDRED NINETY-EIGHT OF THIS CHAPTER, CONTAINING ARTIFICIAL
TRANS FAT.
  (II) SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY TO  FOOD  THAT
IS:    (A) SERVED OR SOLD DIRECTLY TO PATRONS OR CUSTOMERS IN A MANUFAC-
TURER'S ORIGINAL SEALED PACKAGE THAT BEARS A NUTRITION  FACTS  LABEL  IN
THE FORM REQUIRED BY THE FEDERAL NUTRITION LABELING AND EDUCATION ACT OF
1990  AND THE ASSOCIATED REGULATIONS OF THE FEDERAL FOOD AND DRUG ADMIN-
ISTRATION; OR (B) STORED, HELD OR USED FOR THE PURPOSE OF  MANUFACTURING
FOOD  THAT  IS  SERVED  OR  SOLD  DIRECTLY  TO PATRONS OR CUSTOMERS IN A
MANUFACTURER'S ORIGINAL SEALED PACKAGE  THAT  BEARS  A  NUTRITION  FACTS
LABEL  IN THE FORM REQUIRED BY THE FEDERAL NUTRITION LABELING AND EDUCA-
TION ACT OF 1990 AND THE ASSOCIATED REGULATIONS OF THE FEDERAL FOOD  AND
DRUG ADMINISTRATION.
  (B)  (I) A FOOD SHALL BE DEEMED TO CONTAIN ARTIFICIAL TRANS FAT IF THE
FOOD IS LABELED AS, LISTS AS AN INGREDIENT, OR CONTAINS:  (A)  VEGETABLE
SHORTENING  OR MARGARINE, UNLESS DOCUMENTATION ACCEPTABLE TO THE DEPART-
MENT DEMONSTRATES THAT SUCH VEGETABLE SHORTENING OR  MARGARINE  CONTAINS
NO  PARTIALLY  HYDROGENATED  VEGETABLE OIL; OR (B) ANY KIND OF PARTIALLY
HYDROGENATED VEGETABLE OIL.
  (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, A FOOD  WHICH
HAS,  ACCORDING  TO  THE  NUTRITION  FACTS  LABEL OR OTHER DOCUMENTATION

A. 6031                             3

ACCEPTABLE TO THE DEPARTMENT, A TRANS FAT CONTENT OF LESS THAN 0.5 GRAMS
PER SERVING SHALL NOT BE DEEMED TO CONTAIN ARTIFICIAL TRANS FAT.
  (C)  WITH  RESPECT  TO ANY FOOD STORED, DISTRIBUTED, HELD FOR SERVICE,
USED IN PREPARATION OF ANY MENU ITEM, SERVED OR SOLD BY A  FOOD  SERVICE
ESTABLISHMENT OR A RETAIL FOOD STORE THAT IS OR CONTAINS VEGETABLE SHOR-
TENING,  MARGARINE  OR ANY KIND OF PARTIALLY HYDROGENATED VEGETABLE OIL,
THE ESTABLISHMENT OR STORE SHALL MAINTAIN, FOR AS LONG AS  THE  FOOD  IS
STORED,  DISTRIBUTED,  HELD FOR SERVICE, USED IN PREPARATION OF ANY MENU
ITEM, SERVED OR SOLD AND  IN  A  MANNER  SPECIFIED  BY  THE  DEPARTMENT,
DOCUMENTATION ACCEPTABLE TO THE DEPARTMENT WHICH ESTABLISHES THE ARTIFI-
CIAL TRANS FAT CONTENT OF THE FOOD.
  S 4. 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 one year after it shall have become a law
with  respect to oils or shortenings used for deep frying of yeast dough
or cake batter and with respect to all other foods containing artificial
trans fat. Effective immediately, the commissioner  of  health  and  the
commissioner  of  agriculture and markets are authorized to adopt, amend
or repeal, on an emergency basis if necessary, any regulation  necessary
to implement any provision of this act on its effective date.