Prohibits certain restaurants and food establishments from serving foods containing artificial trans fat

Summary of provisions

Section 1 of the bill amends the Public Health Law (PHL) by adding a new § 1352-d. New PHL § 1352-d(1) provides that no food containing artifi- cial trans fat, as defined by the 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 PHL § 1351, 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.

New PHL § 1352-d(2) defines artificial 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 serv- ing shall not be deemed to contain artificial trans fat. The bill does not apply to foods containing only naturally occurring trans fat.

New PHL § 1352-d(3) authorizes the Commissioner of Health (the Commis- sioner) to promulgate rules and regulations, after consulting with affected food businesses, local governments with similar rules, and the Commissioner of Agriculture and Markets, regarding recordkeeping and documentation by restaurants and food establishments necessary for compliance. The section further requires the Commissioner to develop guidelines, including recommendations for healthier alternatives to artificial trans fat, to assist restaurants and other food establish- ments with compliance. Additionally, new PHL § 1352-d provides that the guidelines must be made available to restaurants and food establishments upon request and on the Department of Health's Internet website.

New PHL § 1352-d(4) provides that penalties for violations of PHL 1352-d are those available under PHL § 12.

New PHL § 1352-d(5) authorizes existing local trans fat laws or regu- lations to continue but preempts any additional local trans fat laws or

regulations. However, this subdivision shall sunset on December 31, 2022.

Section 2 of the bill provides that the bill takes effect in 180 days for oils, shortenings and margarines containing artificial trans fat used for frying or in spreads, and takes effect on December 31, 2012 for oils and shortenings used for deep frying of yeast dough or cake batter and all other foods containing artificial trans fat.

Existing law

PHL § 12 provides for monetary penalties for violations of the PHL or any regulation promulgated thereunder, if no specific penalty is other- wise provided, in an amount of up to $2,000 per violation or in higher amounts in certain egregious situations.

PHL § 1350 authorizes the Commissioner of Health to inspect and super- vise all public places in New York in which food is prepared, sold or served, although the Commissioner may designate persons to conduct such inspections.

PHL § 1351 requires persons in charge of any place engaged in the prepa- ration, sale or -service of food for and to the general public to permit inspectors access to their facilities for the . purpose of ascertaining compliance with PHL §§ 1350 through 1353 and the State Sanitary Code.

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 percent 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 guide- lines issued in June 2006 recommend that trans fat intake be kept below one percent 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 per-cent 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 to them. 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 percent 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 of Health to work with restaurants and food establishments to identi- fy healthy alternatives.

Budgetary implications

Because enforcement of the bill's provisions will occur as part of regu- lar inspections of restaurants or other food establishments, the bill is not expected to have a fiscal impact on the State or localities.

Effective date

This bill takes effect: (1) 180 days after enactment with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads, and (2) on December 31, 2011 with respect to oils or shortenings used for deep frying of yeast dough or cake batter and with respect to all other foods containing artificial trans fat. The Commissioner of Health may promulgate any necessary regu- lations prior to that date.