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

Summary of specific provisions

Section 1 authorizes the Commissioner of Health to promulgate rules and regulations prohibiting restaurants or food establishments, subject to the provisions of § 1351, from offering, serving, distributing, storing, holding or using in the preparation of any menu item, foods containing artificial trans fat. Such regulations do not apply to: food sold or served directly to consumers in the original sealed package labeled with federal nutrient facts; food con~g less than 0.5 grams of artificial trans fat per serving; or food with only natural trans fat.

Section 2 defines trans fat as having the same meaning as used by the federal Food and Drug Administration, artificial trans fat does not include naturally occurring trans fat and food is deemed to contain artificial trans fat if the food is labeled as an ingredient, or contains any kind of partially hydrogenated vegetable oil, including but not limited to, vegetable shortening or margarine.

Section 3 Authorizes the Commissioner to promulgate rules and regulations, after consulting with restaurants 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 and identification of products and suppliers of such alternatives. Provides that the guidelines be made readily available to restaurants and food establishments and be provided on the Department's website.

Section 4 establishes the penalty be in compliance with section 12 of this chapter.

Section 5 allows for stronger local laws or regulations.

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 43% 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 $16 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.

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

New bill.

Fiscal implications for state and local governments

None.

Effective date

December 31, 2010, provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date. CONTACT: Task Force on Food, Farm and Nutrition Policy 455-5203