S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2873
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ORTIZ, GALEF, ABINANTI, MOSLEY, GOTTFRIED --
   Multi-Sponsored by -- M. of A. FAHY, THIELE -- 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-f to read as follows:
   §  1352-F.  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.
              

                                                            LBD07083-01-9

 A. 2873                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.