A06053 Summary:
| BILL NO | A06053A |
| SAME AS | SAME AS S05611-A |
| SPONSOR | Ortiz (MS) |
| COSPNSR | Galef, Abinanti, Mosley, Sepulveda, Skartados, Skoufis |
| MLTSPNSR | Fahy, Thiele |
| Add S1352-e, Pub Health L | |
| Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat. | |
A06053 Actions:
| BILL NO | A06053A | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/13/2013 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
| 04/16/2013 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/08/2014 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
| 02/25/2014 | amend and recommit to health | |||||||||||||||||||||||||||||||||||||||||||||||||
| 02/25/2014 | print number 6053a | |||||||||||||||||||||||||||||||||||||||||||||||||
| 04/07/2014 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/03/2014 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
A06053 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
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.
A06053 Text:
Go to topSTATE 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. LBD02635-03-4A. 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.