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

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.