NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6053A
SPONSOR: Ortiz (MS)
 
TITLE OF BILL: An act to amend the public health law, in relation to
prohibiting certain restaurants and food establishments from serving
foods containing artificial trans fat
 
PURPOSE OF BILL: To prohibit certain restaurants and food establish-
ments from serving foods containing artificial trans fat and protect
consumers from the detrimental health effects of those fats.
 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Amends the Public
Health Law by adding a new section 1352-d
 
SUMMARY OF SPECIFIC PROVISIONS: Subdivision 1 provides that no food
containing artificial trans fat, as defined in this section, shall be
stored, distributed, held for service, used in preparation of any menu
item, served or sold in any restaurants, food, service establishments,
mobile food service establishments, mobile food service establishment
commissaries, retail food stores and other food establishments subject
to the provisions of section thirteen hundred and fifty-one of this
title, except food that is served or sold directly to patrons in a
manufacturer's original sealed package that bears a nutrition facts
label consistent with federal law and regulation.
Subdivision 2 defines trans fat as food that is labeled as, lists as an
ingredient, or contains vegetable shortening, margarine or any kind of
partially hydrogenated vegetable oil. However, a food whose nutrition
facts label or other documentation from the manufacturer lists the trans
fat content of the food as less than 0.5 grams per serving shall not be
deemed to contain artificial trans fat. This law shall not apply to
foods containing only naturally occurring trans fat.
Subdivision 3 Authorizes the Commissioner to promulgate rules and regu-
lations, after consulting with affected food businesses and local
governments with similar rules, for recordkeeping and documentation by
restaurants and food establishments necessary for compliance. Author-
izes the Commissioner to develop guidelines, including recommendations
for healthier alternatives to artificial trans fat. Provides that the
guidelines be available upon request to restaurants and food establish-
ments and be provided on the Department's internet website.
Subdivision 4 establishes the penalty be in compliance with section 12
of same chapter.
Subdivision 5 The provisions of this section shall restrict the power of
any county, city, town or village to adopt and enforce additional local
laws, ordinances or regulations that are more stringent than the stand-
ards set forth in this section and the rules and regulations promulgated
pursuant thereto, except that any local law, ordinance or regulation
restricting artificial trans fat adopted by any county or city or
department or agency thereof, or town or village prior to the date this
section shall have become a law shall net be preempted by this section.
 
JUSTIFICATION: Cardiovascular disease is the leading cause of death in
New York State. It affects both men and women, and touches across all
racial and ethnic groups. In 2002, more than 67,700 New Yorkers died
from cardiovascular disease, accounting for 45 of all deaths in the
state. That number continues to grow. Additionally, in 2002, the esti-
mated direct and indirect (lost productivity) cost of cardiovascular
disease in New York was an alarming $15 billion.
There is evidence that clearly demonstrates a connection between
increased trans fat intake and the risk of cardiovascular disease.
Dietary trans fat raises the level of LDL ("bad") cholesterol, and
lowers HDL ("good") cholesterol. It has such a negative effect on HDL
that it is considered to be even worse than saturated fat. The United
States Department of Agriculture recommends that consumption of trans
fat be "as low as possible" and the American Heart Association guide-
lines issued in June 2006 recommend that trans fat intake be kept below
l% of total calories consumed daily.
Most dietary trans fat is from partially hydrogenated vegetable oil
(PHVO) that has been chemically modified and is called artificial trans
fat. Approximately 80% of trans fat is found in industrially-produced
PHVO, which is used for frying and baking and can be found in processed
foods. Restaurants' use of trans fat in cooking is attributed to its
long shelf life and the enhancement of flavor it gives food. There are
alternative trans fat-free products and many food businesses have
switched. This bill would not affect naturally occurring trans fat which
is present in small amounts in dairy and meat products and foods that
have less than 0.5 grams of any kind of trans fat. It will also allow
affected businesses to sell or serve any sealed packages of foods with
nutrition labels containing artificial trans fat directly to consumers.
National surveys show that Americans spend nearly 47% of their food
dollars eating out. An estimated one third of trans fat consumption
comes from foods purchased in restaurants or food establishments. The
continued presence of PHVO in restaurant food represents a dangerous
contribution to cardiovascular disease in New York State. Since consum-
ers should not only be concerned with consumption of artificial trans
fat, but with all other fats as well, this bill requires the Commission-
er to work with restaurants and food establishments to identify healthy
alternatives.
 
LEGISLATIVE HISTORY: 2411/12 - A7776A - Ref to Rules
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Administrative
costs for State implementation.
 
EFFECTIVE DATE: This act shall take effect on the 540th day after it
shall have become law and shall apply to oils, shortenings and marga-
rines containing artificial trans fat that are used for frying or in
spreads on and after such a date, and shall apply to oils or shortenings
used for deep frying of yeast dough or cake batter and all other foods
containing artificial trans fat on and after December 31, 2015,
provided, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary far the implementation of
this act on its effective date is authorized to be made and completed on
or before such a date.
STATE OF NEW YORK
________________________________________________________________________
6053--A
2013-2014 Regular Sessions
IN ASSEMBLY
March 13, 2013
___________
Introduced by M. of A. ORTIZ, GALEF, ABINANTI, BOYLAND, MOSLEY, SEPULVE-
DA, SKARTADOS -- Multi-Sponsored by -- M. of A. FAHY -- read once and
referred to the Committee on Health -- recommitted to the Committee on
Health in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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-e to read as follows:
3 § 1352-e. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02635-03-4
A. 6053--A 2
1 contain artificial trans fat. This section shall not apply to foods
2 containing only naturally occurring trans fat.
3 3. The commissioner is authorized and directed to promulgate rules
4 and regulations for recordkeeping and documentation by restaurants and
5 food establishments subject to this section necessary for compliance
6 with the provisions of this section. The commissioner shall consult with
7 representatives of restaurants and food establishments, any county or
8 municipal health departments that have similar laws or regulations and
9 the commissioner of agriculture and markets, prior to promulgating any
10 such rules or regulations and, to the maximum extent practicable, incor-
11 porate similar rules and regulations already adopted by such local
12 governments. The commissioner shall develop guidelines, including recom-
13 mendations for healthier alternatives to artificial trans fat, to assist
14 restaurants and food establishments in complying with the provisions of
15 this section. Such guidelines shall be made available to restaurants and
16 food establishments upon request and shall be provided on the depart-
17 ment's internet website.
18 4. Notwithstanding the provisions of section thirteen hundred fifty-
19 three of this title, the penalty for a violation of this section shall
20 be limited to the penalty set forth in section twelve of this chapter.
21 5. The provisions of this section shall restrict the power of any
22 county, city, town or village to adopt and enforce additional local
23 laws, ordinances or regulations that are more stringent than the stand-
24 ards set forth in this section and the rules and regulations promulgated
25 pursuant thereto, except that any local law, ordinance or regulation
26 restricting artificial trans fat adopted by any county or city, or
27 department or agency thereof, or town or village prior to the date this
28 section shall have become a law shall not be preempted by this section.
29 § 2. This act shall take effect on the five hundred fortieth day after
30 it shall have become a law and shall apply to oils, shortenings and
31 margarines containing artificial trans fat that are used for frying or
32 in spreads on and after such date, and shall apply to oils or short-
33 enings used for deep frying of yeast dough or cake batter and all other
34 foods containing artificial trans fat on and after December 31, 2014,
35 provided, that effective immediately, the addition, amendment and/or
36 repeal of any rule or regulation necessary for the implementation of
37 this act on its effective date is authorized to be made and completed on
38 or before such date.