Bill Text: NY A07776 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 7776 (Prior Session Legislation)

Bill Title: Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-06-05 - reported referred to rules [A07776 Detail]

Download: New_York-2011-A07776-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7776
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 16, 2011
                                      ___________
       Introduced  by M. of A. ORTIZ -- 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  ESTABLISHMENTS, MOBILE FOOD SERVICE ESTABLISHMENT COMMIS-
    8  SARIES, RETAIL FOOD STORES AS DEFINED IN SECTION  FIVE  HUNDRED  OF  THE
    9  AGRICULTURE  AND  MARKETS LAW, AND OTHER FOOD ESTABLISHMENTS, SUBJECT TO
   10  THE PROVISIONS OF SECTION THIRTEEN  HUNDRED  FIFTY-ONE  OF  THIS  TITLE,
   11  EXCEPT  FOOD THAT IS SERVED OR SOLD DIRECTLY TO PATRONS IN A MANUFACTUR-
   12  ER'S ORIGINAL SEALED PACKAGE THAT BEARS A NUTRITION FACTS LABEL CONSIST-
   13  ENT WITH FEDERAL LAW AND REGULATION.
   14    2. FOR THE PURPOSES OF THIS SECTION, A FOOD SHALL BE DEEMED TO CONTAIN
   15  ARTIFICIAL TRANS FAT IF THE FOOD IS LABELED AS, LISTS AS AN  INGREDIENT,
   16  OR  CONTAINS  VEGETABLE  SHORTENING,  MARGARINE OR ANY KIND OF PARTIALLY
   17  HYDROGENATED VEGETABLE OIL. HOWEVER, A FOOD WHOSE NUTRITION FACTS  LABEL
   18  OR OTHER DOCUMENTATION FROM THE MANUFACTURER LISTS THE TRANS FAT CONTENT
   19  OF  THE  FOOD AS LESS THAN 0.5  GRAMS PER SERVING SHALL NOT BE DEEMED TO
   20  CONTAIN ARTIFICIAL TRANS FAT.   THIS SECTION SHALL NOT  APPLY  TO  FOODS
   21  CONTAINING ONLY NATURALLY OCCURRING TRANS FAT.
   22    3.  THE  COMMISSIONER  IS  AUTHORIZED AND DIRECTED TO PROMULGATE RULES
   23  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.
                                                                  LBD08520-03-1
       A. 7776                             2
    1  FOOD  ESTABLISHMENTS  SUBJECT  TO  THIS SECTION NECESSARY FOR COMPLIANCE
    2  WITH THE PROVISIONS OF THIS SECTION. THE COMMISSIONER SHALL CONSULT WITH
    3  REPRESENTATIVES OF RESTAURANTS AND FOOD ESTABLISHMENTS,  ANY  COUNTY  OR
    4  MUNICIPAL  HEALTH  DEPARTMENTS THAT HAVE SIMILAR LAWS OR REGULATIONS AND
    5  THE COMMISSIONER OF AGRICULTURE AND MARKETS, PRIOR TO  PROMULGATING  ANY
    6  SUCH RULES OR REGULATIONS AND, TO THE MAXIMUM EXTENT PRACTICABLE, INCOR-
    7  PORATE  SIMILAR  RULES  AND  REGULATIONS  ALREADY  ADOPTED BY SUCH LOCAL
    8  GOVERNMENTS. THE COMMISSIONER SHALL DEVELOP GUIDELINES, INCLUDING RECOM-
    9  MENDATIONS FOR HEALTHIER ALTERNATIVES TO ARTIFICIAL TRANS FAT, TO ASSIST
   10  RESTAURANTS AND FOOD ESTABLISHMENTS IN COMPLYING WITH THE PROVISIONS  OF
   11  THIS SECTION. SUCH GUIDELINES SHALL BE MADE AVAILABLE TO RESTAURANTS AND
   12  FOOD  ESTABLISHMENTS  UPON  REQUEST AND SHALL BE PROVIDED ON THE DEPART-
   13  MENT'S 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    S 2. This act shall take effect on the one hundred eightieth day after
   27  it  shall  have  become  a  law and shall apply to oils, shortenings and
   28  margarines containing artificial trans fat that are used for  frying  or
   29  in  spreads  on  and  after such date, and shall apply to oils or short-
   30  enings used for deep frying of yeast dough or cake batter and all  other
   31  foods  containing  artificial  trans fat on and after December 31, 2012,
   32  provided, that effective immediately,  the  addition,  amendment  and/or
   33  repeal  of  any  rule  or regulation necessary for the implementation of
   34  this act on its effective date is authorized to be made and completed on
   35  or before such date.