Bill Text: NY A03175 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2018-01-03 - referred to health [A03175 Detail]
Download: New_York-2017-A03175-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3175 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. ORTIZ, GALEF, ABINANTI, MOSLEY, SEPULVEDA, SKAR- TADOS, SKOUFIS, 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: 1 Section 1. The public health law is amended by adding a new section 2 1352-f to read as follows: 3 § 1352-f. 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. LBD08311-01-7A. 3175 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 fifty- 15 three of this title, the penalty for a violation of this section shall 16 be limited to the penalty set forth in section twelve of this chapter. 17 5. The provisions of this section shall restrict the power of any 18 county, city, town or village to adopt and enforce additional local 19 laws, ordinances or regulations that are more stringent than the stand- 20 ards set forth in this section and the rules and regulations promulgated 21 pursuant thereto, except that any local law, ordinance or regulation 22 restricting artificial trans fat adopted by any county or city, or 23 department or agency thereof, or town or village prior to the date this 24 section shall have become a law shall not be preempted by this section. 25 § 2. This act shall take effect on the one hundred eightieth day after 26 it shall have become a law.