STATE OF NEW YORK
________________________________________________________________________
219
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
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Introduced by M. of A. ORTIZ, GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting
certain restaurants and food establishments from serving foods
containing artificial trans fat; and providing for the repeal of
certain provisions upon expiration thereof
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-d to read as follows:
3 § 1352-d. 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 establishment commissaries, retail food stores as defined
8 in section five hundred of the agriculture and markets law, and other
9 food establishments, subject to the provisions of section thirteen
10 hundred fifty-one of this title, except food that is served or sold
11 directly to patrons in a manufacturer's original sealed package.
12 2. For the purposes of this section, a food shall be deemed to contain
13 artificial trans fat if the food is labeled as, lists as an ingredient,
14 or contains vegetable shortening, margarine or any kind of partially
15 hydrogenated vegetable oil. However, a food whose nutrition facts label
16 or other documentation from the manufacturer lists the trans fat content
17 of the food as less than 0.5 grams per serving, shall not be deemed to
18 contain artificial trans fat. This section shall not apply to foods
19 containing only naturally occurring trans fat.
20 3. The commissioner is authorized and directed to promulgate rules
21 and regulations for recordkeeping and documentation by restaurants and
22 food establishments subject to this section necessary for compliance
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03629-01-1
A. 219 2
1 with the provisions of this section. The commissioner shall consult with
2 representatives of restaurants and food establishments, any county or
3 municipal health departments that have similar laws or regulations and
4 the commissioner of agriculture and markets, prior to promulgating any
5 such rules or regulations and, to the maximum extent practicable, incor-
6 porate similar rules and regulations already adopted by other govern-
7 ments. The commissioner shall develop guidelines, including recommenda-
8 tions for healthier alternatives to artificial trans fat and
9 identification of products and suppliers of such alternatives, to assist
10 restaurants and food establishments in complying with the provisions of
11 this section. Such guidelines shall be made readily available to restau-
12 rants and food establishments and shall be provided on the department's
13 internet website.
14 4. Notwithstanding the provisions of section thirteen hundred fifty-
15 three of this title, the penalty for a violation of this section shall
16 be limited to the penalty set forth in section twelve of this chapter.
17 5. The provisions of this section shall restrict the power of any
18 county, city, town or village to adopt and enforce additional local
19 laws, ordinances or regulations that are more stringent than the stand-
20 ards set forth in this section and the rules and regulations promulgated
21 pursuant thereto, except that any local law, ordinance or regulation
22 restricting artificial trans fat adopted by any county or city, or
23 department or agency thereof, or town or village prior to the date this
24 section shall have become a law shall not be preempted by this section.
25 6. This section shall take effect December thirty-first, two thousand
26 twelve with respect to oils, shortenings and margarines containing arti-
27 ficial trans fat, and shall take effect June first, two thousand thir-
28 teen with respect to all other foods containing artificial trans fat.
29 § 2. This act shall take effect December 31, 2012, provided, that
30 effective immediately, the addition, amendment and/or repeal of any rule
31 or regulation necessary for the implementation of this act on its effec-
32 tive date is authorized to be made and completed on or before such date;
33 and provided, further, that subdivision 5 of section 1352-d of the
34 public health law, as added by section one of this act, shall expire and
35 be deemed repealed December 31, 2023.
