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

Summary of provisions

Section 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 regu- lation.

Section 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.

Section 3 authorizes the Commissioner of Health 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. This section also authorizes the Commissioner to develop guidelines, includ- ing recommendations for healthier alternatives to artificial trans fat. These guidelines must be made available upon request to restaurants and food establishments, and be provided on the Department's internet website.

Section 4 provides that violations of this section must be limited to the penalties set forth in § 12 of the Public Health Law.

Section 5 restricts 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 standards 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 act.

Justification

Cardiovascular disease is the leading cause of death in the United States and in New York. While cardiovascular disease was traditionally thought of as a disease that primarily affects men as they age, we now know that cardiovascular disease often kills people in the prime of life, with more than half of all deaths occurring among women. This disease effects men and women of all racial and ethnic backgrounds. In 2002, over 67,700 New Yorkers died from cardiovascular disease, accounting for 45% of the deaths in the state. By 2007, the number of deaths from cardiovascular disease decreased to approximately 59,000 residents. While heart disease deaths have been decreasing, heart failure-related hospitalizations jumped from just over 1 million to nearly 4 million between 1979 and 2004. In 2008, the total cost for cardiovascular disease, including direct costs plus lost productivity due to illness or death, in New York State was estimated to be $32.6 billion.

Consumption of trans fats is associated with health risks ranging from coronary heart disease and diabetes to prostate cancer and even female infertility, trans fats have also been widely implicated in the growing and seemingly intractable public obesity epidemic. The primary health concern, coronary heart disease has been conclusively associated with the consumption of trans fats. 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 satu- rated 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. 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.

There are alternative trans fat-free products and many food businesses have switched to these healthier alternatives. In 2003, the FDA issued regulations requiring manufacturers to list trans fat on the nutrition facts panel of foods and some dietary supplements (21 CFR § 101). Subse- quently, many manufacturers including Frito-Lay, Kraft, and Campbell's voluntarily eliminated trans fats, and in 2004, a number of restaurant chains stopped cooking with partially hydrogenated vegetable oils. Surveys show that at least 33 of the 50 largest U.S. restaurant chains stopped using partially hydrogenated oils or are in the process of switching to alternatives. The cities of Philadelphia and New York as well as Albany County have adopted legislation which will phase out the use of trans fats.

This bill would not affect naturally occurring trans fat which is pres- ent 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.

Legislative history

2012: S.7229 Hannon

Fiscal implications

Administrative costs for State implementation.

Effective date

This act shall take effect on the 540th day after it shall have become law and shall apply to oils, shortenings and marga- rines containing artificial trans fat that are used for frying or in spreads on and after such a date, and shall apply to oils or shortenings used for deep frying of yeast dough or cake batter and all other foods containing artificial trans fat on and after December 31, 2014, 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 a date.