S04489 Summary:

BILL NOS04489
 
SAME ASSAME AS A08443
 
SPONSORDUANE
 
COSPNSR
 
MLTSPNSR
 
Amd S1351, add S1356, Pub Health L; amd S500, Ag & Mkts L
 
Relates to prohibiting the sale or use of artificial trans fats in food service establishments, mobile food service establishments and retail food stores.
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S04489 Actions:

BILL NOS04489
 
04/24/2009REFERRED TO HEALTH
01/06/2010REFERRED TO HEALTH
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S04489 Floor Votes:

There are no votes for this bill in this legislative session.
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S04489 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4489
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                     April 24, 2009
                                       ___________
 
        Introduced  by  Sen. DUANE -- (at request of the Governor) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Health
 
        AN ACT to amend the public health law and the  agriculture  and  markets
          law,  in  relation  to prohibiting the sale or use of artificial trans

          fats in food service establishments, mobile  food  service  establish-
          ments and retail food stores
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 1351 of the public health law is amended  to  read
     2  as follows:
     3    §  1351.  Food places; duty to permit inspections. Every owner, opera-
     4  tor, lessor, lessee or person in charge of any hotel, restaurant, dining
     5  room, dining car, drug store, soda fountain, steamboat  or  other  place
     6  engaged  in  the  preparation,  sale  or  service of food for and to the
     7  general public, and every officer or  other  person  in  charge  of  any
     8  public,  penal or charitable institution in this state, shall permit the
     9  commissioner or his duly authorized agents or employees to  have  access

    10  to all parts of any and all of such places herein mentioned wherein food
    11  is  stored,  prepared  or served for the purpose of ascertaining whether
    12  the provisions of sections thirteen hundred fifty  to  thirteen  hundred
    13  fifty-two,  inclusive,  and  section  thirteen hundred fifty-six of this
    14  [chapter] title, and the provisions of the sanitary code and  provisions
    15  of local ordinances or regulations are being observed.
    16    §  2. The public health law is amended by adding a new section 1356 to
    17  read as follows:
    18    § 1356. Food containing artificial trans fat. 1. (a) No  food  service
    19  establishment  or  mobile  food service establishment, as defined by the
    20  state sanitary code, shall store, distribute, hold for service,  use  in

    21  preparation  of any menu item, serve or sell any food, as defined by the
    22  state sanitary code, containing artificial trans fat.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12012-06-9

        S. 4489                             2
 
     1    (b) Paragraph (a) of this subdivision shall not apply to food that is:
     2  (i) served or sold directly to patrons or customers in a  manufacturer's
     3  original  sealed  package that bears a nutrition facts label in the form
     4  required by the federal nutrition labeling and education act of 1990 and
     5  the  associated regulations of the federal food and drug administration;

     6  or (ii) stored, held or used for the purpose of manufacturing food  that
     7  is  served  or sold directly to patrons or customers in a manufacturer's
     8  original sealed package that bears a nutrition facts label in  the  form
     9  required by the federal nutrition labeling and education act of 1990 and
    10  the associated regulations of the federal food and drug administration.
    11    2.  (a)  A food shall be deemed to contain artificial trans fat if the
    12  food is labeled as, lists as an ingredient, or contains:  (i)  vegetable
    13  shortening  or margarine, unless documentation acceptable to the depart-
    14  ment demonstrates that such vegetable shortening or  margarine  contains
    15  no  partially  hydrogenated vegetable oil; or (ii) any kind of partially
    16  hydrogenated vegetable oil.

    17    (b) Notwithstanding paragraph (a) of this subdivision,  a  food  which
    18  has,  according  to  the  nutrition  facts  label or other documentation
    19  acceptable to the department, a trans fat content of less than 0.5 grams
    20  per serving shall not be deemed to contain artificial trans fat.
    21    3. With respect to any food stored,  distributed,  held  for  service,
    22  used  in  preparation of any menu item, served or sold by a food service
    23  establishment or a mobile food service establishment that is or contains
    24  vegetable shortening, margarine or any kind  of  partially  hydrogenated
    25  vegetable oil, the establishment shall maintain, for as long as the food
    26  is  stored,  distributed,  held  for service, used in preparation of any

    27  menu item, served or sold and in a manner specified by  the  department,
    28  documentation acceptable to the department which establishes the artifi-
    29  cial trans fat content of the food.
    30    §  3.  Section  500  of  the agriculture and markets law is amended by
    31  adding a new subdivision 6 to read as follows:
    32    6. (a) (i) No food service establishment  or  retail  food  store,  as
    33  defined  by this section, shall store, distribute, hold for service, use
    34  in preparation of any menu item, serve or sell any food, as  defined  by
    35  section  one hundred ninety-eight of this chapter, containing artificial
    36  trans fat.
    37    (ii) Subparagraph (i) of this paragraph shall not apply to  food  that
    38  is:    (A) served or sold directly to patrons or customers in a manufac-

    39  turer's original sealed package that bears a nutrition  facts  label  in
    40  the form required by the federal nutrition labeling and education act of
    41  1990  and the associated regulations of the federal food and drug admin-
    42  istration; or (B) stored, held or used for the purpose of  manufacturing
    43  food  that  is  served  or  sold  directly  to patrons or customers in a
    44  manufacturer's original sealed package  that  bears  a  nutrition  facts
    45  label  in the form required by the federal nutrition labeling and educa-
    46  tion act of 1990 and the associated regulations of the federal food  and
    47  drug administration.
    48    (b)  (i) A food shall be deemed to contain artificial trans fat if the
    49  food is labeled as, lists as an ingredient, or contains:  (A)  vegetable

    50  shortening  or margarine, unless documentation acceptable to the depart-
    51  ment demonstrates that such vegetable shortening or  margarine  contains
    52  no  partially  hydrogenated  vegetable oil; or (B) any kind of partially
    53  hydrogenated vegetable oil.
    54    (ii) Notwithstanding subparagraph (i) of this paragraph, a food  which
    55  has,  according  to  the  nutrition  facts  label or other documentation

        S. 4489                             3
 
     1  acceptable to the department, a trans fat content of less than 0.5 grams
     2  per serving shall not be deemed to contain artificial trans fat.
     3    (c)  With  respect  to any food stored, distributed, held for service,
     4  used in preparation of any menu item, served or sold by a  food  service

     5  establishment or a retail food store that is or contains vegetable shor-
     6  tening,  margarine  or any kind of partially hydrogenated vegetable oil,
     7  the establishment or store shall maintain, for as long as  the  food  is
     8  stored,  distributed,  held for service, used in preparation of any menu
     9  item, served or sold and  in  a  manner  specified  by  the  department,
    10  documentation acceptable to the department which establishes the artifi-
    11  cial trans fat content of the food.
    12    § 4. This act shall take effect on the one hundred eightieth day after
    13  it  shall have become a law with respect to oils, shortenings and marga-
    14  rines containing artificial trans fat that are used  for  frying  or  in
    15  spreads, and shall take effect one year after it shall have become a law

    16  with  respect to oils or shortenings used for deep frying of yeast dough
    17  or cake batter and with respect to all other foods containing artificial
    18  trans fat. Effective immediately, the commissioner  of  health  and  the
    19  commissioner  of  agriculture and markets are authorized to adopt, amend
    20  or repeal, on an emergency basis if necessary, any regulation  necessary
    21  to implement any provision of this act on its effective date.
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