Bill Text: NY A03875 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires food service establishments to post a warning when trans fat is used in some or all of their food preparation.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Introduced - Dead) 2014-01-08 - referred to consumer affairs and protection [A03875 Detail]
Download: New_York-2013-A03875-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3875
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
___________
Introduced by M. of A. TITONE, PAULIN, BARRON, CASTRO, COLTON, McDO-
NOUGH, RAIA -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, GABRYSZAK,
O'DONNELL, WEISENBERG -- read once and referred to the Committee on
Consumer Affairs and Protection
AN ACT to amend the public health law and the general business law, in
relation to requiring food service establishments to post a warning
when trans fat is used in some or all of their food preparation
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. TRANS FAT USAGE WARNING. 1. ANY FOOD SERVICE ESTABLISHMENT,
4 AS DEFINED IN THE STATE SANITARY CODE, WHERE TRANS FATS ARE USED IN SOME
5 OR ALL OF THE PREPARATION OF FOODS FOR CONSUMERS, SHALL PROVIDE NOTICE
6 TO PATRONS BY MEANS OF SIGNS, PRINTED MATERIALS OR OTHER WRITTEN COMMU-
7 NICATION AT OR NEAR THEIR ENTRANCES, TO READ AS FOLLOWS: "WARNING: THIS
8 ESTABLISHMENT USES TRANS FAT IN THE PREPARATION OF SOME OR ALL OF THE
9 FOOD SERVED. WHEN CONSUMED, TRANS FAT INCREASES THE RISK OF HEART
10 ATTACK, STROKE AND THE DEVELOPMENT OF TYPE-TWO DIABETES."
11 2. FOOD SERVICE ESTABLISHMENTS SHALL INQUIRE AND REPORT TO CONSUMERS
12 WHETHER FOOD OBTAINED FROM VENDORS USES TRANS FAT IN THE PREPARATION OF
13 THE FOOD PROVIDED TO THE FOOD SERVICE ESTABLISHMENT. WHERE TRANS FATS
14 ARE USED IN SOME OR ALL OF THE PREPARATION OF FOODS PROVIDED BY VENDORS
15 FOR CONSUMERS IN A FOOD ESTABLISHMENT, NOTICE SHALL BE PROVIDED TO
16 PATRONS BY MEANS OF SIGNS, PRINTED MATERIALS OR OTHER WRITTEN COMMUNI-
17 CATION AT OR NEAR ENTRANCES.
18 3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE AN
19 OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR
20 THE FIRST OFFENSE; PROVIDED, HOWEVER THAT IF THE FOOD SERVICE ESTABLISH-
21 MENT PROVIDES THE INFORMATION BY SIGN, PRINTED MATERIALS OR OTHER WRIT-
22 TEN COMMUNICATION AT OR NEAR THE ENTRANCE WITHIN SEVENTY-TWO HOURS OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03935-01-3
A. 3875 2
1 THE VIOLATION AND THEREAFTER, THE FIVE HUNDRED DOLLAR FINE SHALL BE
2 WAIVED. A SECOND OR SUBSEQUENT OFFENSE SHALL BE PUNISHABLE BY A FINE OF
3 NOT MORE THAN ONE THOUSAND DOLLARS.
4 4. FOR PURPOSES OF THIS SECTION, "TRANS FAT" MEANS A SPECIFIC TYPE OF
5 FAT FORMED WHEN LIQUID FATS ARE MADE INTO SOLID FATS BY THE ADDITION OF
6 HYDROGEN ATOMS, IN A PROCESS KNOWN AS HYDROGENATION.
7 S 2. The general business law is amended by adding a new section 391-s
8 to read as follows:
9 S 391-S. TRANS FAT USAGE WARNING. 1. ANY FOOD SERVICE ESTABLISHMENT,
10 AS DEFINED IN THE STATE SANITARY CODE, WHERE TRANS FATS ARE USED IN SOME
11 OR ALL OF THE PREPARATION OF FOODS FOR CONSUMERS, SHALL PROVIDE NOTICE
12 TO PATRONS BY MEANS OF SIGNS, PRINTED MATERIALS OR OTHER WRITTEN COMMU-
13 NICATION AT OR NEAR THEIR ENTRANCES, TO READ AS FOLLOWS: "WARNING: THIS
14 ESTABLISHMENT USES TRANS FAT IN THE PREPARATION OF SOME OR ALL OF THE
15 FOOD SERVED. WHEN CONSUMED, TRANS FAT INCREASES THE RISK OF HEART
16 ATTACK, STROKE AND THE DEVELOPMENT OF TYPE-TWO DIABETES."
17 2. FOOD SERVICE ESTABLISHMENTS SHALL INQUIRE AND REPORT TO CONSUMERS
18 WHETHER FOOD OBTAINED FROM VENDORS USES TRANS FAT IN THE PREPARATION OF
19 THE FOOD PROVIDED TO THE FOOD SERVICE ESTABLISHMENT. WHERE TRANS FATS
20 ARE USED IN SOME OR ALL OF THE PREPARATION OF FOODS PROVIDED BY VENDORS
21 FOR CONSUMERS IN A FOOD ESTABLISHMENT, NOTICE SHALL BE PROVIDED TO
22 PATRONS BY MEANS OF SIGNS, PRINTED MATERIALS OR OTHER WRITTEN COMMUNI-
23 CATION AT OR NEAR ENTRANCES.
24 3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE AN
25 OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR
26 THE FIRST OFFENSE; PROVIDED, HOWEVER THAT IF THE FOOD SERVICE ESTABLISH-
27 MENT PROVIDES THE INFORMATION BY SIGN, PRINTED MATERIALS OR OTHER WRIT-
28 TEN COMMUNICATION AT OR NEAR THE ENTRANCE WITHIN SEVENTY-TWO HOURS OF
29 THE VIOLATION AND THEREAFTER, THE FIVE HUNDRED DOLLAR FINE SHALL BE
30 WAIVED. A SECOND OR SUBSEQUENT OFFENSE SHALL BE PUNISHABLE BY A FINE OF
31 NOT MORE THAN ONE THOUSAND DOLLARS.
32 4. FOR PURPOSES OF THIS SECTION, "TRANS FAT" MEANS A SPECIFIC TYPE OF
33 FAT FORMED WHEN LIQUID FATS ARE MADE INTO SOLID FATS BY THE ADDITION OF
34 HYDROGEN ATOMS, IN A PROCESS KNOWN AS HYDROGENATION.
35 S 3. This act shall take effect on the one hundred eightieth day after
36 it shall have become a law; provided, however, that the commissioner of
37 health is authorized to promulgate any and all rules and regulations and
38 take any other measures necessary to implement this act on its effective
39 date, on or before such date.
