Bill Text: NY S04489 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to prohibiting the sale or use of artificial trans fats in food service establishments, mobile food service establishments and retail food stores.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S04489 Detail]
Download: New_York-2009-S04489-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4489 2009-2010 Regular Sessions I N S E N A T E April 24, 2009 ___________ Introduced by Sen. DUANE -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the agriculture and markets law, in relation to prohibiting the sale or use of artificial trans fats in food service establishments, mobile food service establish- ments and retail food stores THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 1351 of the public health law is amended to read 2 as follows: 3 S 1351. Food places; duty to permit inspections. Every owner, opera- 4 tor, lessor, lessee or person in charge of any hotel, restaurant, dining 5 room, dining car, drug store, soda fountain, steamboat or other place 6 engaged in the preparation, sale or service of food for and to the 7 general public, and every officer or other person in charge of any 8 public, penal or charitable institution in this state, shall permit the 9 commissioner or his duly authorized agents or employees to have access 10 to all parts of any and all of such places herein mentioned wherein food 11 is stored, prepared or served for the purpose of ascertaining whether 12 the provisions of sections thirteen hundred fifty to thirteen hundred 13 fifty-two, inclusive, AND SECTION THIRTEEN HUNDRED FIFTY-SIX of this 14 [chapter] TITLE, and the provisions of the sanitary code and provisions 15 of local ordinances or regulations are being observed. 16 S 2. The public health law is amended by adding a new section 1356 to 17 read as follows: 18 S 1356. FOOD CONTAINING ARTIFICIAL TRANS FAT. 1. (A) NO FOOD SERVICE 19 ESTABLISHMENT OR MOBILE FOOD SERVICE ESTABLISHMENT, AS DEFINED BY THE 20 STATE SANITARY CODE, SHALL STORE, DISTRIBUTE, HOLD FOR SERVICE, USE IN 21 PREPARATION OF ANY MENU ITEM, SERVE OR SELL ANY FOOD, AS DEFINED BY THE 22 STATE SANITARY CODE, CONTAINING ARTIFICIAL TRANS FAT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12012-06-9 S. 4489 2 1 (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO FOOD THAT IS: 2 (I) SERVED OR SOLD DIRECTLY TO PATRONS OR CUSTOMERS IN A MANUFACTURER'S 3 ORIGINAL SEALED PACKAGE THAT BEARS A NUTRITION FACTS LABEL IN THE FORM 4 REQUIRED BY THE FEDERAL NUTRITION LABELING AND EDUCATION ACT OF 1990 AND 5 THE ASSOCIATED REGULATIONS OF THE FEDERAL FOOD AND DRUG ADMINISTRATION; 6 OR (II) STORED, HELD OR USED FOR THE PURPOSE OF MANUFACTURING FOOD THAT 7 IS SERVED OR SOLD DIRECTLY TO PATRONS OR CUSTOMERS IN A MANUFACTURER'S 8 ORIGINAL SEALED PACKAGE THAT BEARS A NUTRITION FACTS LABEL IN THE FORM 9 REQUIRED BY THE FEDERAL NUTRITION LABELING AND EDUCATION ACT OF 1990 AND 10 THE ASSOCIATED REGULATIONS OF THE FEDERAL FOOD AND DRUG ADMINISTRATION. 11 2. (A) A FOOD SHALL BE DEEMED TO CONTAIN ARTIFICIAL TRANS FAT IF THE 12 FOOD IS LABELED AS, LISTS AS AN INGREDIENT, OR CONTAINS: (I) VEGETABLE 13 SHORTENING OR MARGARINE, UNLESS DOCUMENTATION ACCEPTABLE TO THE DEPART- 14 MENT DEMONSTRATES THAT SUCH VEGETABLE SHORTENING OR MARGARINE CONTAINS 15 NO PARTIALLY HYDROGENATED VEGETABLE OIL; OR (II) ANY KIND OF PARTIALLY 16 HYDROGENATED VEGETABLE OIL. 17 (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A FOOD WHICH 18 HAS, ACCORDING TO THE NUTRITION FACTS LABEL OR OTHER DOCUMENTATION 19 ACCEPTABLE TO THE DEPARTMENT, A TRANS FAT CONTENT OF LESS THAN 0.5 GRAMS 20 PER SERVING SHALL NOT BE DEEMED TO CONTAIN ARTIFICIAL TRANS FAT. 21 3. WITH RESPECT TO ANY FOOD STORED, DISTRIBUTED, HELD FOR SERVICE, 22 USED IN PREPARATION OF ANY MENU ITEM, SERVED OR SOLD BY A FOOD SERVICE 23 ESTABLISHMENT OR A MOBILE FOOD SERVICE ESTABLISHMENT THAT IS OR CONTAINS 24 VEGETABLE SHORTENING, MARGARINE OR ANY KIND OF PARTIALLY HYDROGENATED 25 VEGETABLE OIL, THE ESTABLISHMENT SHALL MAINTAIN, FOR AS LONG AS THE FOOD 26 IS STORED, DISTRIBUTED, HELD FOR SERVICE, USED IN PREPARATION OF ANY 27 MENU ITEM, SERVED OR SOLD AND IN A MANNER SPECIFIED BY THE DEPARTMENT, 28 DOCUMENTATION ACCEPTABLE TO THE DEPARTMENT WHICH ESTABLISHES THE ARTIFI- 29 CIAL TRANS FAT CONTENT OF THE FOOD. 30 S 3. Section 500 of the agriculture and markets law is amended by 31 adding a new subdivision 6 to read as follows: 32 6. (A) (I) NO FOOD SERVICE ESTABLISHMENT OR RETAIL FOOD STORE, AS 33 DEFINED BY THIS SECTION, SHALL STORE, DISTRIBUTE, HOLD FOR SERVICE, USE 34 IN PREPARATION OF ANY MENU ITEM, SERVE OR SELL ANY FOOD, AS DEFINED BY 35 SECTION ONE HUNDRED NINETY-EIGHT OF THIS CHAPTER, CONTAINING ARTIFICIAL 36 TRANS FAT. 37 (II) SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY TO FOOD THAT 38 IS: (A) SERVED OR SOLD DIRECTLY TO PATRONS OR CUSTOMERS IN A MANUFAC- 39 TURER'S ORIGINAL SEALED PACKAGE THAT BEARS A NUTRITION FACTS LABEL IN 40 THE FORM REQUIRED BY THE FEDERAL NUTRITION LABELING AND EDUCATION ACT OF 41 1990 AND THE ASSOCIATED REGULATIONS OF THE FEDERAL FOOD AND DRUG ADMIN- 42 ISTRATION; OR (B) STORED, HELD OR USED FOR THE PURPOSE OF MANUFACTURING 43 FOOD THAT IS SERVED OR SOLD DIRECTLY TO PATRONS OR CUSTOMERS IN A 44 MANUFACTURER'S ORIGINAL SEALED PACKAGE THAT BEARS A NUTRITION FACTS 45 LABEL IN THE FORM REQUIRED BY THE FEDERAL NUTRITION LABELING AND EDUCA- 46 TION ACT OF 1990 AND THE ASSOCIATED REGULATIONS OF THE FEDERAL FOOD AND 47 DRUG ADMINISTRATION. 48 (B) (I) A FOOD SHALL BE DEEMED TO CONTAIN ARTIFICIAL TRANS FAT IF THE 49 FOOD IS LABELED AS, LISTS AS AN INGREDIENT, OR CONTAINS: (A) VEGETABLE 50 SHORTENING OR MARGARINE, UNLESS DOCUMENTATION ACCEPTABLE TO THE DEPART- 51 MENT DEMONSTRATES THAT SUCH VEGETABLE SHORTENING OR MARGARINE CONTAINS 52 NO PARTIALLY HYDROGENATED VEGETABLE OIL; OR (B) ANY KIND OF PARTIALLY 53 HYDROGENATED VEGETABLE OIL. 54 (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, A FOOD WHICH 55 HAS, ACCORDING TO THE NUTRITION FACTS LABEL OR OTHER DOCUMENTATION S. 4489 3 1 ACCEPTABLE TO THE DEPARTMENT, A TRANS FAT CONTENT OF LESS THAN 0.5 GRAMS 2 PER SERVING SHALL NOT BE DEEMED TO CONTAIN ARTIFICIAL TRANS FAT. 3 (C) WITH RESPECT TO ANY FOOD STORED, DISTRIBUTED, HELD FOR SERVICE, 4 USED IN PREPARATION OF ANY MENU ITEM, SERVED OR SOLD BY A FOOD SERVICE 5 ESTABLISHMENT OR A RETAIL FOOD STORE THAT IS OR CONTAINS VEGETABLE SHOR- 6 TENING, MARGARINE OR ANY KIND OF PARTIALLY HYDROGENATED VEGETABLE OIL, 7 THE ESTABLISHMENT OR STORE SHALL MAINTAIN, FOR AS LONG AS THE FOOD IS 8 STORED, DISTRIBUTED, HELD FOR SERVICE, USED IN PREPARATION OF ANY MENU 9 ITEM, SERVED OR SOLD AND IN A MANNER SPECIFIED BY THE DEPARTMENT, 10 DOCUMENTATION ACCEPTABLE TO THE DEPARTMENT WHICH ESTABLISHES THE ARTIFI- 11 CIAL TRANS FAT CONTENT OF THE FOOD. 12 S 4. This act shall take effect on the one hundred eightieth day after 13 it shall have become a law with respect to oils, shortenings and marga- 14 rines containing artificial trans fat that are used for frying or in 15 spreads, and shall take effect one year after it shall have become a law 16 with respect to oils or shortenings used for deep frying of yeast dough 17 or cake batter and with respect to all other foods containing artificial 18 trans fat. Effective immediately, the commissioner of health and the 19 commissioner of agriculture and markets are authorized to adopt, amend 20 or repeal, on an emergency basis if necessary, any regulation necessary 21 to implement any provision of this act on its effective date.