Bill Text: NY A00219 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits certain restaurants and food establishments from serving foods containing artificial trans fat; repeals certain provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A00219 Detail]

Download: New_York-2011-A00219-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          219
                              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;  and  providing  for the repeal of
         certain provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  1352-d to read as follows:
    3    S 1352-D. ARTIFICIAL TRANS FAT; PROHIBITION.   1. NO  FOOD  CONTAINING
    4  ARTIFICIAL  TRANS  FAT,  AS  DEFINED  IN  THIS SECTION, SHALL BE STORED,
    5  DISTRIBUTED, HELD FOR SERVICE, USED IN PREPARATION  OF  ANY  MENU  ITEM,
    6  SERVED  OR  SOLD IN ANY RESTAURANTS, FOOD SERVICE ESTABLISHMENTS, MOBILE
    7  FOOD SERVICE ESTABLISHMENT COMMISSARIES, RETAIL FOOD STORES  AS  DEFINED
    8  IN  SECTION  FIVE  HUNDRED OF THE AGRICULTURE AND MARKETS LAW, AND OTHER
    9  FOOD ESTABLISHMENTS, SUBJECT  TO  THE  PROVISIONS  OF  SECTION  THIRTEEN
   10  HUNDRED  FIFTY-ONE  OF  THIS  TITLE,  EXCEPT FOOD THAT IS SERVED OR SOLD
   11  DIRECTLY TO PATRONS IN A MANUFACTURER'S ORIGINAL SEALED PACKAGE.
   12    2. FOR THE PURPOSES OF THIS SECTION, A FOOD SHALL BE DEEMED TO CONTAIN
   13  ARTIFICIAL TRANS FAT IF THE FOOD IS LABELED AS, LISTS AS AN  INGREDIENT,
   14  OR  CONTAINS  VEGETABLE  SHORTENING,  MARGARINE OR ANY KIND OF PARTIALLY
   15  HYDROGENATED VEGETABLE OIL. HOWEVER, A FOOD WHOSE NUTRITION FACTS  LABEL
   16  OR OTHER DOCUMENTATION FROM THE MANUFACTURER LISTS THE TRANS FAT CONTENT
   17  OF  THE FOOD AS LESS THAN 0.5  GRAMS PER SERVING, SHALL NOT BE DEEMED TO
   18  CONTAIN ARTIFICIAL TRANS FAT.   THIS SECTION SHALL NOT  APPLY  TO  FOODS
   19  CONTAINING ONLY NATURALLY OCCURRING TRANS FAT.
   20    3.  THE  COMMISSIONER  IS  AUTHORIZED AND DIRECTED TO PROMULGATE RULES
   21  AND REGULATIONS FOR RECORDKEEPING AND DOCUMENTATION BY  RESTAURANTS  AND
   22  FOOD  ESTABLISHMENTS  SUBJECT  TO  THIS SECTION NECESSARY FOR COMPLIANCE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03629-01-1
       A. 219                              2
    1  WITH THE PROVISIONS OF THIS SECTION. THE COMMISSIONER SHALL CONSULT WITH
    2  REPRESENTATIVES OF RESTAURANTS AND FOOD ESTABLISHMENTS,  ANY  COUNTY  OR
    3  MUNICIPAL  HEALTH  DEPARTMENTS THAT HAVE SIMILAR LAWS OR REGULATIONS AND
    4  THE  COMMISSIONER  OF AGRICULTURE AND MARKETS, PRIOR TO PROMULGATING ANY
    5  SUCH RULES OR REGULATIONS AND, TO THE MAXIMUM EXTENT PRACTICABLE, INCOR-
    6  PORATE SIMILAR RULES AND REGULATIONS ALREADY ADOPTED  BY  OTHER  GOVERN-
    7  MENTS.  THE COMMISSIONER SHALL DEVELOP GUIDELINES, INCLUDING RECOMMENDA-
    8  TIONS  FOR  HEALTHIER  ALTERNATIVES  TO   ARTIFICIAL   TRANS   FAT   AND
    9  IDENTIFICATION OF PRODUCTS AND SUPPLIERS OF SUCH ALTERNATIVES, TO ASSIST
   10  RESTAURANTS  AND FOOD ESTABLISHMENTS IN COMPLYING WITH THE PROVISIONS OF
   11  THIS SECTION. SUCH GUIDELINES SHALL BE MADE READILY AVAILABLE TO RESTAU-
   12  RANTS AND FOOD ESTABLISHMENTS AND SHALL BE PROVIDED ON THE  DEPARTMENT'S
   13  INTERNET WEBSITE.
   14    4.   NOTWITHSTANDING   THE  PROVISIONS  OF  SECTION  THIRTEEN  HUNDRED
   15  FIFTY-THREE OF THIS TITLE, THE PENALTY FOR A VIOLATION OF  THIS  SECTION
   16  SHALL  BE  LIMITED  TO  THE  PENALTY SET FORTH IN SECTION TWELVE OF THIS
   17  CHAPTER.
   18    5. THE PROVISIONS OF THIS SECTION SHALL  RESTRICT  THE  POWER  OF  ANY
   19  COUNTY,  CITY,  TOWN  OR  VILLAGE  TO ADOPT AND ENFORCE ADDITIONAL LOCAL
   20  LAWS, ORDINANCES OR REGULATIONS THAT ARE MORE STRINGENT THAN THE  STAND-
   21  ARDS SET FORTH IN THIS SECTION AND THE RULES AND REGULATIONS PROMULGATED
   22  PURSUANT  THERETO,  EXCEPT  THAT  ANY LOCAL LAW, ORDINANCE OR REGULATION
   23  RESTRICTING ARTIFICIAL TRANS FAT ADOPTED  BY  ANY  COUNTY  OR  CITY,  OR
   24  DEPARTMENT  OR AGENCY THEREOF, OR TOWN OR VILLAGE PRIOR TO THE DATE THIS
   25  SECTION SHALL HAVE BECOME A LAW SHALL NOT BE PREEMPTED BY THIS SECTION.
   26    6. THIS SECTION SHALL TAKE EFFECT DECEMBER THIRTY-FIRST, TWO  THOUSAND
   27  TWELVE WITH RESPECT TO OILS, SHORTENINGS AND MARGARINES CONTAINING ARTI-
   28  FICIAL  TRANS  FAT, AND SHALL TAKE EFFECT JUNE FIRST, TWO THOUSAND THIR-
   29  TEEN WITH RESPECT TO ALL OTHER FOODS CONTAINING ARTIFICIAL TRANS FAT.
   30    S 2. This act shall take effect  December  31,  2012,  provided,  that
   31  effective immediately, the addition, amendment and/or repeal of any rule
   32  or regulation necessary for the implementation of this act on its effec-
   33  tive date is authorized to be made and completed on or before such date;
   34  and  provided,  further,  that  subdivision  5  of section 1352-d of the
   35  public health law, as added by section one of this act, shall expire and
   36  be deemed repealed December 31, 2023.