Amd S1352-d, Pub Health L; amd S2, Chap of 2009 (as proposed in S. 5937/A. 6359)
Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat; takes effect 180 days with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads and December 31, 2010 with respect to all other oils or shortenings used for deep frying of yeast dough or cake batter and all other foods containing artificial trans fat.
STATE OF NEW YORK
________________________________________________________________________
6053
2009-2010 Regular Sessions
IN SENATE
June 23, 2009
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the public health law and a chapter of the laws of 2009,
amending the public health law relating to prohibiting certain restau-
rants and food establishments from serving foods containing artificial
trans fat, as proposed in legislative bills numbers S.5937 and A.6359,
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. Section 1352-d of the public health law, as amended by a
2 chapter of the laws of 2009, amending the public health law relating to
3 prohibiting certain restaurants and food establishments from serving
4 foods containing artificial trans fat, as proposed in legislative bills
5 numbers S.5937 and A.6359, is amended to read as follows:
6 § 1352-d. Artificial trans fat; prohibition. 1. No food containing
7 artificial trans fat, as defined in this section, shall be stored,
8 distributed, held for service, used in preparation of any menu item,
9 served or sold in any restaurants, food service establishments, mobile
10 food service establishments, mobile food service establishment commis-
11 saries, retail food stores as defined in section five hundred of the
12 agriculture and markets law, and other food establishments, subject to
13 the provisions of section thirteen hundred fifty-one of this title,
14 except food that is served or sold directly to patrons in a manufactur-
15 er's original sealed package that bears a nutrition facts label consist-
16 ent with federal law and regulation.
17 2. For the purposes of this section, a food shall be deemed to contain
18 artificial trans fat if the food is labeled as, lists as an ingredient,
19 or contains vegetable shortening, margarine or any kind of partially
20 hydrogenated vegetable oil. However, a food whose nutrition facts label
21 or other documentation from the manufacturer lists the trans fat content
22 of the food as less than 0.5 grams per serving[,] shall not be deemed
23 to contain artificial trans fat. This section shall not apply to foods
24 containing only naturally occurring trans fat.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12113-02-9
S. 6053 2
1 3. The commissioner is authorized and directed to promulgate rules
2 and regulations for recordkeeping and documentation by restaurants and
3 food establishments subject to this section necessary for compliance
4 with the provisions of this section. The commissioner shall consult with
5 representatives of restaurants and food establishments, any county or
6 municipal health departments that have similar laws or regulations and
7 the commissioner of agriculture and markets, prior to promulgating any
8 such rules or regulations and, to the maximum extent practicable, incor-
9 porate similar rules and regulations already adopted by [other] such
10 local governments. The commissioner shall develop guidelines, including
11 recommendations for healthier alternatives to artificial trans fat [and
12 identification of products and suppliers of such alternatives], to
13 assist restaurants and food establishments in complying with the
14 provisions of this section. Such guidelines shall be made [readily]
15 available to restaurants and food establishments upon request and shall
16 be provided on the department's internet website.
17 4. Notwithstanding the provisions of section thirteen hundred fifty-
18 three of this title, the penalty for a violation of this section shall
19 be limited to the penalty set forth in section twelve of this chapter.
20 5. The provisions of this section shall restrict the power of any
21 county, city, town or village to adopt and enforce additional local
22 laws, ordinances or regulations that are more stringent than the stand-
23 ards set forth in this section and the rules and regulations promulgated
24 pursuant thereto, except that any local law, ordinance or regulation
25 restricting artificial trans fat adopted by any county or city, or
26 department or agency thereof, or town or village prior to the date this
27 section shall have become a law shall not be preempted by this section.
28 [6. This section shall take effect December thirty-first, two thousand
29 ten with respect to oils, shortenings and margarines containing artifi-
30 cial trans fat, and shall take effect June first, two thousand eleven
31 with respect to all other foods containing artificial trans fat.]
32 § 2. Section 2 of a chapter of the laws of 2009, amending the public
33 health law relating to prohibiting certain restaurants and food estab-
34 lishments from serving foods containing artificial trans fat, as
35 proposed in legislative bills numbers S.5937 and A.6359, is amended to
36 read as follows:
37 § 2. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law with respect to oils, shortenings and marga-
39 rines containing artificial trans fat that are used for frying or in
40 spreads, and shall take effect December 31, 2010 with respect to oils or
41 shortenings used for deep frying of yeast dough or cake batter and all
42 other foods containing artificial trans fat, provided, that effective
43 immediately, the addition, amendment and/or repeal of any rule or regu-
44 lation necessary for the implementation of this act on its effective
45 date is authorized to be made and completed on or before such date; and
46 provided, further, that subdivision 5 of section 1352-d of the public
47 health law, as added by section one of this act, shall expire and be
48 deemed repealed December 31, 2021.
49 § 3. This act shall take effect immediately; provided that section one
50 of this act shall take effect on the same date and in the same manner as
51 a chapter of the laws of 2009, amending the public health law relating
52 to prohibiting certain restaurants and food establishments from serving
53 foods containing artificial trans fat, as proposed in legislative bills
54 numbers S.5937 and A.6359, takes effect.
