A06053 Summary:

BILL NOA06053A
 
SAME ASSAME AS S05611-A
 
SPONSOROrtiz (MS)
 
COSPNSRGalef, Abinanti, Mosley, Sepulveda, Skartados, Skoufis
 
MLTSPNSRFahy, Thiele
 
Add S1352-e, Pub Health L
 
Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat.
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A06053 Actions:

BILL NOA06053A
 
03/13/2013referred to health
04/16/2013reported referred to codes
01/08/2014referred to health
02/25/2014amend and recommit to health
02/25/2014print number 6053a
04/07/2014reported referred to codes
06/03/2014reported referred to rules
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A06053 Memo:

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.
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A06053 Text:



 
                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.
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