Bill Text: IL HB5174 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Trans Fat Restriction Act. Sets forth definitions for "food facility" and "trans fat". Provides that every food facility shall maintain the manufacturer's documentation for any food or food additive that is or includes any fat, oil, or shortening for as long as the food or food additive is stored, distributed, or served by the food facility or used in the preparation of food within the food facility. Provides that beginning on July 1, 2010, no oil, shortening, or margarine containing trans fat for use in spreads or frying, except for the deep frying of yeast dough or cake batter, may be stored, distributed, or served by a food facility or used in the preparation of food within a food facility. Provides that beginning on July 1, 2011, no food containing trans fat, including oil and shortening that contains trans fat for use in the deep frying of yeast dough or cake batter, may be stored, distributed, or served by a food facility or used in the preparation of food within a food facility. Provides that the Department of Public Health shall adopt rules to administer and enforce the Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB5174 Detail]

Download: Illinois-2009-HB5174-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5174 Introduced 2/1/2010, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED:
New Act
Creates the Trans Fat Restriction Act. Sets forth definitions for "food facility" and "trans fat". Provides that every food facility shall maintain the manufacturer's documentation for any food or food additive that is or includes any fat, oil, or shortening for as long as the food or food additive is stored, distributed, or served by the food facility or used in the preparation of food within the food facility. Provides that beginning on July 1, 2010, no oil, shortening, or margarine containing trans fat for use in spreads or frying, except for the deep frying of yeast dough or cake batter, may be stored, distributed, or served by a food facility or used in the preparation of food within a food facility. Provides that beginning on July 1, 2011, no food containing trans fat, including oil and shortening that contains trans fat for use in the deep frying of yeast dough or cake batter, may be stored, distributed, or served by a food facility or used in the preparation of food within a food facility. Provides that the Department of Public Health shall adopt rules to administer and enforce the Act.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Trans
Fat Restriction Act.
Section 5. Definitions.
For the purposes of this Act:
"Department" means the Department of Public Health.
"Food facility" means an entity that stores, prepares,
packages, serves, vends, or otherwise provides food for human
consumption at the retail level, including, but not limited to,
an operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food, and any
place used in conjunction with the operations described in this
Section, including, but not limited to, storage facilities for
food-related utensils, equipment, and materials. "Food
facility" includes permanent and nonpermanent food facilities
such as public and private school cafeterias, restricted food
service facilities, licensed health care facilities,
commissaries, mobile food facilities, mobile support units,
temporary food facilities, and vending machines.
"Trans fat" means fat that is considered trans fat by the
U.S. Food and Drug Administration. "Trans fat" does not include

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naturally occurring trans fat. Food shall be deemed to contain
trans fat under this Act if the food contains vegetable
shortening, margarine, or any kind of partially hydrogenated
vegetable oil, unless the manufacturer's documentation or the
label required on the food pursuant to applicable federal and
State law lists the trans fat content as less than 0.5 grams
per serving.
Section 10. Trans fat restriction.
(a) Every food facility shall maintain on the premises the
manufacturer's documentation or label for any food or food
additive that is or includes any fat, oil, or shortening for as
long as the food or food additive is stored, distributed, or
served by the food facility or used in the preparation of food
within the food facility. The label described in this Section
refers to the label that is required by applicable federal and
State law to be on the food or food additive at the time of
purchase by the food facility. The manufacturer's
documentation may be maintained in lieu of the label. The
manufacturer's documentation shall be maintained whenever the
label is not required by federal and State law on the food or
food additive that is or includes any fat, oil, or shortening.
The manufacturer's documentation described in this Section
shall be authorized by the Department and disclose one or both
of the following:
(1) The trans fat content of the food or food additive.

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(2) Whether a food or food additive is or includes
margarine, vegetable shortening, or any kind of partially
hydrogenated vegetable oil.
(b) Beginning on July 1, 2010, no oil, shortening, or
margarine containing trans fat for use in spreads or frying,
except for the deep frying of yeast dough or cake batter, may
be stored, distributed, or served by a food facility or used in
the preparation of food within a food facility.
(c) Beginning on July 1, 2011, no food containing trans
fat, including oil and shortening that contains trans fat for
use in the deep frying of yeast dough or cake batter, may be
stored, distributed, or served by a food facility or used in
the preparation of food within a food facility.
Section 15. Administration; enforcement. The Department of
Public Health shall adopt rules to administer and enforce this
Act.