Bill Text: NY A09026 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat; takes effect 180 days with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads and December 31, 2010 with respect to all other oils or shortenings used for deep frying of yeast dough or cake batter and all other foods containing artificial trans fat.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2010-01-06 - ordered to third reading cal.638 [A09026 Detail]

Download: New_York-2009-A09026-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9026
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 19, 2009
                                      ___________
       Introduced by M. of A. ORTIZ, GOTTFRIED -- read once and referred to the
         Committee on Health
       AN ACT to amend the public health law and a chapter of the laws of 2009,
         amending the public health law relating to prohibiting certain restau-
         rants and food establishments from serving foods containing artificial
         trans fat, as proposed in legislative bills numbers S.5937 and A.6359,
         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:
    1    Section 1. Section 1352-d of the public health law, as  amended  by  a
    2  chapter  of the laws of 2009, amending the public health law relating to
    3  prohibiting certain restaurants and  food  establishments  from  serving
    4  foods  containing artificial trans fat, as proposed in legislative bills
    5  numbers S.5937 and A.6359, is amended to read as follows:
    6    S 1352-d. Artificial trans fat; prohibition.   1. No  food  containing
    7  artificial  trans  fat,  as  defined  in  this section, shall be stored,
    8  distributed, held for service, used in preparation  of  any  menu  item,
    9  served  or  sold in any restaurants, food service establishments, MOBILE
   10  FOOD SERVICE ESTABLISHMENTS, mobile food service  establishment  commis-
   11  saries,  retail  food  stores  as defined in section five hundred of the
   12  agriculture and markets law, and other food establishments,  subject  to
   13  the  provisions  of  section  thirteen  hundred fifty-one of this title,
   14  except food that is served or sold directly to patrons in a  manufactur-
   15  er's original sealed package THAT BEARS A NUTRITION FACTS LABEL CONSIST-
   16  ENT WITH FEDERAL LAW AND REGULATION.
   17    2. For the purposes of this section, a food shall be deemed to contain
   18  artificial  trans fat if the food is labeled as, lists as an ingredient,
   19  or contains vegetable shortening, margarine or  any  kind  of  partially
   20  hydrogenated  vegetable oil. However, a food whose nutrition facts label
   21  or other documentation from the manufacturer lists the trans fat content
   22  of the food as less than 0.5  grams per serving[,] shall not  be  deemed
   23  to  contain artificial trans fat.  This section shall not apply to foods
   24  containing only naturally occurring trans fat.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12113-02-9
       A. 9026                             2
    1    3. The commissioner is authorized and  directed  to  promulgate  rules
    2  and  regulations  for recordkeeping and documentation by restaurants and
    3  food establishments subject to this  section  necessary  for  compliance
    4  with the provisions of this section. The commissioner shall consult with
    5  representatives  of  restaurants  and food establishments, any county or
    6  municipal health departments that have similar laws or  regulations  and
    7  the  commissioner  of agriculture and markets, prior to promulgating any
    8  such rules or regulations and, to the maximum extent practicable, incor-
    9  porate similar rules and regulations already  adopted  by  [other]  SUCH
   10  LOCAL  governments. The commissioner shall develop guidelines, including
   11  recommendations for healthier alternatives to artificial trans fat  [and
   12  identification  of  products  and  suppliers  of  such alternatives], to
   13  assist  restaurants  and  food  establishments  in  complying  with  the
   14  provisions  of  this  section.  Such  guidelines shall be made [readily]
   15  available to restaurants and food establishments UPON REQUEST and  shall
   16  be provided on the department's internet website.
   17    4.  Notwithstanding  the provisions of section thirteen hundred fifty-
   18  three of this title, the penalty for a violation of this  section  shall
   19  be limited to the penalty set forth in section twelve of this chapter.
   20    5.  The  provisions  of  this  section shall restrict the power of any
   21  county, city, town or village to  adopt  and  enforce  additional  local
   22  laws,  ordinances or regulations that are more stringent than the stand-
   23  ards set forth in this section and the rules and regulations promulgated
   24  pursuant thereto, except that any local  law,  ordinance  or  regulation
   25  restricting  artificial  trans  fat  adopted  by  any county or city, or
   26  department or agency thereof, or town or village prior to the date  this
   27  section shall have become a law shall not be preempted by this section.
   28    [6. This section shall take effect December thirty-first, two thousand
   29  ten  with respect to oils, shortenings and margarines containing artifi-
   30  cial trans fat, and shall take effect June first,  two  thousand  eleven
   31  with respect to all other foods containing artificial trans fat.]
   32    S  2.  Section 2 of a chapter of the laws of 2009, amending the public
   33  health law relating to prohibiting certain restaurants and  food  estab-
   34  lishments  from  serving  foods  containing  artificial  trans  fat,  as
   35  proposed in legislative bills numbers S.5937 and A.6359, is  amended  to
   36  read as follows:
   37    S 2. This act shall take effect ON THE ONE HUNDRED EIGHTIETH DAY AFTER
   38  IT  SHALL HAVE BECOME A LAW WITH RESPECT TO OILS, SHORTENINGS AND MARGA-
   39  RINES CONTAINING ARTIFICIAL TRANS FAT THAT ARE USED  FOR  FRYING  OR  IN
   40  SPREADS, AND SHALL TAKE EFFECT December 31, 2010 WITH RESPECT TO OILS OR
   41  SHORTENINGS  USED  FOR DEEP FRYING OF YEAST DOUGH OR CAKE BATTER AND ALL
   42  OTHER FOODS CONTAINING ARTIFICIAL TRANS FAT,  provided,  that  effective
   43  immediately,  the addition, amendment and/or repeal of any rule or regu-
   44  lation necessary for the implementation of this  act  on  its  effective
   45  date is authorized to be made and completed on or before such  date; and
   46  provided,  further,  that  subdivision 5 of section 1352-d of the public
   47  health law, as added by section one of this act,  shall  expire  and  be
   48  deemed repealed December 31, 2021.
   49    S 3. This act shall take effect immediately; provided that section one
   50  of this act shall take effect on the same date and in the same manner as
   51  a  chapter  of the laws of 2009, amending the public health law relating
   52  to prohibiting certain restaurants and food establishments from  serving
   53  foods  containing artificial trans fat, as proposed in legislative bills
   54  numbers S.5937 and A.6359, takes effect.