Prohibits restaurants from the sale of food items containing trans fats; and requires notice of calorie, fat and sodium content

A new section 396-jj would also be added to the general business law. This section would prohibit restaurants from utilizing any trans fats in the preparation or cooking of any food item. Whenever the court has determined that a violation has occurred, they may impose a civil fine of fifty dollars for each day that such violation occurs, but in no event shall the total penalty exceed five hundred dollars.

Justification

Obesity rates in adults doubled over the last twenty years. The percentage of seriously overweight children tripled in the past two decades. The NYC Health Department found that nearly half of elementary-aged children are overweight. According to the NYS WIC Association over 32% of the children age 2-5 who are participating in New York State are overweight or at risk of being overweight. This leads to illnesses such as diabetes in young children. Centers for Disease Control (CDC) research estimates that one in three U.S. children born in 2000 will become diabetic.in their lifetimes because of obesity. A study commissioned by the CDC found that $75 billion is spent nationally each year on obesity-related medical costs, half of it with public dollars through Medicaid and Medicare. It was estimated that $3.5 billion of New York's Medicaid spending is due to obesity, by far the highest level of any State.

During the time when obesity has been rising, Americans are increasingly eating meals away from home and food businesses spend hundreds of millions of dollars encouraging children and their families to do it even more. In 1970, Americans spent just 26% of their food dollars on foods prepared outside their homes but today spend almost half of food dollars eating out. The average American consumes about one-third of their calories from foods from restaurants and other food-service establishments. Portion sizes have been increasing and studies show that people tend to eat greater quantities of food when they are served more. It is not uncommon for a restaurant entree to provide half of a day's recommended calories, saturated and trans fat, and sodium. Children eat almost twice as many calories when they eat out compared to home. A recent Surgeon General's report on obesity recommends increased nutrition information on foods eaten away from home.

Since 1994, consumers can get nutrition labeling on packaged foods at the supermarket; However, they are now getting more and more of their food from restaurants and other food service establishments than years ago and they cannot tell that a sweetened coffee drink at one chain may have as many fat and calories as a cheeseburger with fries at another. Food industry critics of government efforts to fight the obesity problem claim that it is up to parents to choose healthier foods to eat. Chain restaurant nutrition information could empower parents, and children, to do a better job.

Some health experts believe this generation of children will be the first in history to have a shorter life expectancy than their parents because of the obesity epidemic. Everyone, including food businesses, needs to be part of the solution or we will all pay the consequences.

Prior legislative history

None.

Fiscal implications for state and local governments

None.

Effective date

: This act shall take effect on the one hundred eightieth day after it shall have become a law.