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.
