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.