NY State Senate Bill 2009-S6053

Senate Bill S6053

2009-2010 Legislative Session

Relates to prohibiting certain restaurants and food establishments from serving foods containing artificial trans fat

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Jun 23, 2009	referred to rules

2009-S6053 (ACTIVE) - Details

See Assembly Version of this Bill:: A9026
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1352-d, Pub Health L; amd §2, Chap of 2009 (as proposed in S. 5937/A. 6359)
Versions Introduced in 2011-2012 Legislative Session:: A216

2009-S6053 (ACTIVE) - Summary

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.

2009-S6053 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6053

 TITLE OF BILL :
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
restaurants 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

 PURPOSE OF BILL :
To prohibit certain restaurants and food establishments 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
regulations, after consulting with affected food businesses and local
governments with similar rules, for recordkeeping and documentation by
restaurants and food establishments necessary for compliance.
Authorizes 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 establishments 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 Authorizes existing local trans fat laws or regulations
to continue but preempts any additional local trans fat laws or
regulations, however, this subdivision shall sunset on Dec. 31, 2021.

Subdivision 6 The law will take effect in 180 days for oils,
shortenings and margarines containing artificial trans fat used for
frying or in spreads, and shall take effect on Dec. 31, 2010 for oils
and shortenings used for deep frying of yeast dough or cake batter and
all other foods containing artificial trans fat.

 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 estimated
direct (medical) 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
guidelines issued in June 2006 recommend that trans fat intake be kept
below 1% 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
consumers should not only be concerned with consumption of artificial
trans fat, but with all other fats as well, this bill requires the
Commissioner to work with restaurants and food establishments to
identify healthy alternatives.

 LEGISLATIVE HISTORY :
2007/08 - Referred to Rules, Print 9031B

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Administrative costs for State implementation.

 EFFECTIVE DATE :
This section shall take immediately provided that section one of this
act shall take effect the same date and in the same manner as a
chapter of the laws of 2009, amending the public health law relating
to prohibiting certain restaurants and food establishments from
serving foods containing artificial trans fat, as proposed in
legislative bills numbers S.5937 and A.6359.

2009-S6053 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6053

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              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:

  Section  1.  Section  1352-d of the public health law, as amended by a
chapter of the laws of 2009, amending the public health law relating  to
prohibiting  certain  restaurants  and  food establishments from serving
foods containing artificial trans fat, as proposed in legislative  bills
numbers S.5937 and A.6359, is amended to read as follows:
  S  1352-d.  Artificial  trans fat; prohibition.  1. 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 commis-
saries, retail food stores as defined in section  five  hundred  of  the
agriculture  and  markets law, and other food establishments, subject to
the provisions of section thirteen  hundred  fifty-one  of  this  title,
except  food that is served or sold directly to patrons in a manufactur-
er's original sealed package THAT BEARS A NUTRITION FACTS LABEL CONSIST-
ENT WITH FEDERAL LAW AND REGULATION.
  2. For the purposes of this section, a food shall be deemed to contain
artificial trans fat if the food 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 section shall not apply to  foods
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

  3.  The  commissioner  is  authorized and directed to promulgate rules
and regulations for recordkeeping and documentation by  restaurants  and
food  establishments  subject  to  this section necessary for compliance
with the provisions of this section. The commissioner shall consult with
representatives  of  restaurants  and food establishments, any county or
municipal health departments that have similar laws or  regulations  and
the  commissioner  of agriculture and markets, prior to promulgating any
such rules or regulations and, to the maximum extent practicable, incor-
porate similar rules and regulations already  adopted  by  [other]  SUCH
LOCAL  governments. The commissioner shall develop guidelines, including
recommendations for healthier alternatives to artificial trans fat  [and
identification  of  products  and  suppliers  of  such alternatives], to
assist  restaurants  and  food  establishments  in  complying  with  the
provisions  of  this  section.  Such  guidelines shall be made [readily]
available to restaurants and food establishments UPON REQUEST and  shall
be provided on the department's internet website.
  4.  Notwithstanding  the provisions of section thirteen hundred fifty-
three of this title, the penalty for a violation of this  section  shall
be limited to the penalty set forth in section twelve of this chapter.
  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 not be preempted by this section.
  [6. This section shall take effect December thirty-first, two thousand
ten  with respect to oils, shortenings and margarines containing artifi-
cial trans fat, and shall take effect June first,  two  thousand  eleven
with respect to all other foods containing artificial trans fat.]
  S  2.  Section 2 of a chapter of the laws of 2009, amending the public
health law relating to prohibiting certain restaurants and  food  estab-
lishments  from  serving  foods  containing  artificial  trans  fat,  as
proposed in legislative bills numbers S.5937 and A.6359, is  amended  to
read as follows:
  S 2. This act shall take effect ON THE ONE HUNDRED EIGHTIETH DAY AFTER
IT  SHALL HAVE BECOME A LAW WITH RESPECT TO OILS, SHORTENINGS AND MARGA-
RINES CONTAINING ARTIFICIAL TRANS FAT THAT ARE USED  FOR  FRYING  OR  IN
SPREADS, AND SHALL TAKE EFFECT December 31, 2010 WITH RESPECT TO OILS OR
SHORTENINGS  USED  FOR DEEP FRYING OF YEAST DOUGH OR CAKE BATTER AND ALL
OTHER FOODS CONTAINING ARTIFICIAL TRANS FAT,  provided,  that  effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date is authorized to be made and completed on or before such  date; and
provided,  further,  that  subdivision 5 of section 1352-d of the public
health law, as added by section one of this act,  shall  expire  and  be
deemed repealed December 31, 2021.
  S 3. This act shall take effect immediately; provided that section one
of this act shall take effect on the same date and in the same manner as
a  chapter  of the laws of 2009, amending the public health law relating
to prohibiting certain restaurants and food establishments from  serving
foods  containing artificial trans fat, as proposed in legislative bills
numbers S.5937 and A.6359, takes effect.

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