Bill Text: NY S02822 | 2009-2010 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S02822 Detail]

Download: New_York-2009-S02822-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2822
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     March 4, 2009
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed 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-d to read as follows:
    3    S 1352-D. ARTIFICIAL TRANS FAT; PROHIBITION. 1.  THE  COMMISSIONER  IS
    4  AUTHORIZED  AND DIRECTED TO PROMULGATE RULES AND REGULATIONS PROHIBITING
    5  RESTAURANTS AND FOOD ESTABLISHMENTS SUBJECT TO THE PROVISIONS OF SECTION
    6  THIRTEEN  HUNDRED  FIFTY-ONE  OF  THIS  TITLE  FROM  OFFERING,  SERVING,
    7  DISTRIBUTING,   STORING, HOLDING OR USING IN THE PREPARATION OF ANY MENU
    8  ITEM, FOODS CONTAINING ARTIFICIAL TRANS FAT. SUCH REGULATIONS SHALL  NOT
    9  APPLY TO FOOD:
   10    A.  SOLD OR SERVED DIRECTLY TO CONSUMERS IN THE ORIGINAL SEALED  PACK-
   11  AGE PROVIDED SUCH FOOD WAS PURCHASED OR OBTAINED BY THE FOOD  ESTABLISH-
   12  MENT OR RESTAURANT IN THE ORIGINAL SEALED PACKAGE AND IS LABELED    WITH
   13  FEDERAL NUTRIENT FACTS; OR
   14    B. CONTAINING LESS THAN 0.5 GRAMS OF ARTIFICIAL TRANS FAT PER SERVING;
   15  OR
   16    C. CONTAINING ONLY NATURAL TRANS FAT.
   17    2.  FOR  THE PURPOSES OF THIS SECTION, "TRANS FAT" SHALL HAVE THE SAME
   18  MEANING AS USED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION;  ARTIFICIAL
   19  TRANS FAT SHALL NOT INCLUDE NATURALLY OCCURRING TRANS FAT AND FOOD SHALL
   20  BE  DEEMED  TO  CONTAIN  ARTIFICIAL TRANS FAT IF THE FOOD IS LABELED AS,
   21  LISTS AS AN INGREDIENT, OR CONTAINS ANY KIND OF  PARTIALLY  HYDROGENATED
   22  VEGETABLE  OIL  INCLUDING,  BUT  NOT LIMITED TO, VEGETABLE SHORTENING OR
   23  MARGARINE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04164-01-9
       S. 2822                             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 NECESSARY FOR COMPLIANCE WITH THE PROVISIONS OF THIS
    4  SECTION. THE COMMISSIONER SHALL CONSULT WITH REPRESENTATIVES OF  RESTAU-
    5  RANTS  AND  FOOD  ESTABLISHMENTS,  AND  ANY  COUNTY  OR MUNICIPAL HEALTH
    6  DEPARTMENTS THAT HAVE SIMILAR LAWS OR REGULATIONS, PRIOR TO PROMULGATING
    7  ANY SUCH RULES OR REGULATIONS AND, TO THE  MAXIMUM  EXTENT  PRACTICABLE,
    8  INCORPORATE  SIMILAR  RULES  AND  REGULATIONS  ALREADY  ADOPTED BY OTHER
    9  GOVERNMENTS. THE COMMISSIONER SHALL DEVELOP GUIDELINES, INCLUDING RECOM-
   10  MENDATIONS FOR HEALTHIER ALTERNATIVES TO ARTIFICIAL TRANS FAT AND  IDEN-
   11  TIFICATION  OF  PRODUCTS  AND  SUPPLIERS OF SUCH ALTERNATIVES, TO ASSIST
   12  RESTAURANTS AND FOOD ESTABLISHMENTS IN COMPLYING WITH THE PROVISIONS  OF
   13  THIS SECTION. SUCH GUIDELINES SHALL BE MADE READILY AVAILABLE TO RESTAU-
   14  RANTS  AND FOOD ESTABLISHMENTS AND SHALL BE PROVIDED ON THE DEPARTMENT'S
   15  INTERNET WEBSITE.
   16    4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION   THIRTEEN   HUNDRED
   17  FIFTY-THREE  OF  THIS TITLE, THE PENALTY FOR A VIOLATION OF THIS SECTION
   18  SHALL BE LIMITED TO THE PENALTY SET FORTH  IN  SECTION  TWELVE  OF  THIS
   19  CHAPTER.
   20    5.  THE PROVISIONS OF THIS SECTION SHALL NOT RESTRICT THE POWER OF ANY
   21  COUNTY, CITY, TOWN OR VILLAGE TO  ADOPT  AND  ENFORCE  ADDITIONAL  LOCAL
   22  LAWS,  ORDINANCES  OR REGULATIONS WHICH COMPLY WITH AT LEAST THE MINIMUM
   23  APPLICABLE STANDARDS SET FORTH IN THIS SECTION AND THE RULES  AND  REGU-
   24  LATIONS PROMULGATED PURSUANT THERETO.
   25    S  2. This act shall take effect December 31, 2010, provided, however,
   26  that effective immediately, the addition, amendment and/or repeal of any
   27  rule or regulation necessary for the implementation of this act  on  its
   28  effective  date is authorized to be made and completed on or before such
   29  date.