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

This section 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 except that any local law, ordinance or regulation restricting artificial trans fat adopted by any locality prior to enactment of this section shall not be preempted by this act.

Section 2 provides the effective date.

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 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. 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). Subsequently, 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 hdrogenated 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 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.

Legislative history

2014: S.5611-A (Hannon)

Fiscal implications

none

Effective date

180 days after it becomes law.