Bill Text: NY S07229 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-02 - REFERRED TO HEALTH [S07229 Detail]

Download: New_York-2011-S07229-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7229
                                   I N  S E N A T E
                                      May 2, 2012
                                      ___________
       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. 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
   24  FOOD ESTABLISHMENTS SUBJECT TO THIS  SECTION  NECESSARY  FOR  COMPLIANCE
   25  WITH THE PROVISIONS OF THIS SECTION. THE COMMISSIONER SHALL CONSULT WITH
   26  REPRESENTATIVES  OF  RESTAURANTS  AND FOOD ESTABLISHMENTS, ANY COUNTY OR
   27  MUNICIPAL HEALTH DEPARTMENTS THAT HAVE SIMILAR LAWS OR  REGULATIONS  AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08520-05-2
       S. 7229                             2
    1  THE  COMMISSIONER  OF AGRICULTURE AND MARKETS, PRIOR TO PROMULGATING ANY
    2  SUCH RULES OR REGULATIONS AND, TO THE MAXIMUM EXTENT PRACTICABLE, INCOR-
    3  PORATE SIMILAR RULES AND  REGULATIONS  ALREADY  ADOPTED  BY  SUCH  LOCAL
    4  GOVERNMENTS. THE COMMISSIONER SHALL DEVELOP GUIDELINES, INCLUDING RECOM-
    5  MENDATIONS FOR HEALTHIER ALTERNATIVES TO ARTIFICIAL TRANS FAT, TO ASSIST
    6  RESTAURANTS  AND FOOD ESTABLISHMENTS IN COMPLYING WITH THE PROVISIONS OF
    7  THIS SECTION. SUCH GUIDELINES SHALL BE MADE AVAILABLE TO RESTAURANTS AND
    8  FOOD ESTABLISHMENTS UPON REQUEST AND SHALL BE PROVIDED  ON  THE  DEPART-
    9  MENT'S INTERNET WEBSITE.
   10    4.   NOTWITHSTANDING   THE  PROVISIONS  OF  SECTION  THIRTEEN  HUNDRED
   11  FIFTY-THREE OF THIS TITLE, THE PENALTY FOR A VIOLATION OF  THIS  SECTION
   12  SHALL  BE  LIMITED  TO  THE  PENALTY SET FORTH IN SECTION TWELVE OF THIS
   13  CHAPTER.
   14    5. THE PROVISIONS OF THIS SECTION SHALL  RESTRICT  THE  POWER  OF  ANY
   15  COUNTY,  CITY,  TOWN  OR  VILLAGE  TO ADOPT AND ENFORCE ADDITIONAL LOCAL
   16  LAWS, ORDINANCES OR REGULATIONS THAT ARE MORE STRINGENT THAN THE  STAND-
   17  ARDS SET FORTH IN THIS SECTION AND THE RULES AND REGULATIONS PROMULGATED
   18  PURSUANT  THERETO,  EXCEPT  THAT  ANY LOCAL LAW, ORDINANCE OR REGULATION
   19  RESTRICTING ARTIFICIAL TRANS FAT ADOPTED  BY  ANY  COUNTY  OR  CITY,  OR
   20  DEPARTMENT  OR AGENCY THEREOF, OR TOWN OR VILLAGE PRIOR TO THE DATE THIS
   21  SECTION SHALL HAVE BECOME A LAW SHALL NOT BE PREEMPTED BY THIS SECTION.
   22    S 2. This act shall take effect on the five hundred fortieth day after
   23  it shall have become a law and shall  apply  to  oils,  shortenings  and
   24  margarines  containing  artificial trans fat that are used for frying or
   25  in spreads on and after such date, and shall apply  to  oils  or  short-
   26  enings  used for deep frying of yeast dough or cake batter and all other
   27  foods containing artificial trans fat on and after  December  31,  2014,
   28  provided,  that  effective  immediately,  the addition, amendment and/or
   29  repeal of any rule or regulation necessary  for  the  implementation  of
   30  this act on its effective date is authorized to be made and completed on
   31  or before such date.