A07109 Summary:

BILL NOA07109A
 
SAME ASSAME AS S01967-A
 
SPONSOROrtiz
 
COSPNSRGalef, Abinanti, Mosley, Sepulveda, Skartados, Skoufis, Gottfried
 
MLTSPNSRFahy, Thiele
 
Add §1352-f, Pub Health L
 
Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat.
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A07109 Actions:

BILL NOA07109A
 
04/23/2015referred to health
05/12/2015reported referred to codes
06/08/2015reported referred to rules
01/06/2016referred to health
01/26/2016amend and recommit to health
01/26/2016print number 7109a
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A07109 Committee Votes:

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A07109 Floor Votes:

There are no votes for this bill in this legislative session.
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A07109 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7109--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 23, 2015
                                       ___________
 
        Introduced  by M. of A. ORTIZ, GALEF, ABINANTI, MOSLEY, SEPULVEDA, SKAR-
          TADOS, SKOUFIS, GOTTFRIED -- Multi-Sponsored by  --  M.  of  A.  FAHY,
          THIELE  -- read once and referred to the Committee on Health -- recom-
          mitted 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-f to read as follows:
     3    § 1352-f. 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.
                                                                   LBD03576-04-6

        A. 7109--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 one hundred eightieth day after
    30  it shall have become a law.
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