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A06359 Summary:BILL NO A06359
SAME AS Same as S 5937
SPONSOR Ortiz (MS)
COSPNSR Rivera J, Gottfried, Heastie, Peralta, Maisel, Titone, Hooper,
Castro, Espaillat
MLTSPNSR Brennan, Gabryszak, Glick, Mayersohn, Perry, Rivera N, Towns,
Weisenberg
Add S1352-d, Pub Health L
Prohibits certain restaurants and food establishments from serving foods
containing artificial trans fat; repeals certain provisions.
A06359 Actions:BILL NO A06359
03/02/2009 referred to health
04/07/2009 reported referred to codes
04/21/2009 reported
04/23/2009 advanced to third reading cal.400
06/18/2009 passed assembly
06/18/2009 delivered to senate
06/18/2009 REFERRED TO RULES
01/06/2010 DIED IN SENATE
01/06/2010 RETURNED TO ASSEMBLY
01/06/2010 ordered to third reading cal.433
A06359 Votes:BILL: A06359 DATE: 06/18/2009 MOTION: YEA/NAY: 098/043
Abbate Y Cahill Y Englebr Y Hooper Y Maisel Y Powell Y Skartad Y
Alessi Y Calhoun NO Errigo NO Hoyt Y Markey Y Pretlow Y Spano Y
Alfano Y Camara Y Espaill Y Hyer-Sp Y Mayerso Y Quinn NO Stirpe Y
Amedore NO Canestr Y Farrell Y Jacobs Y McDonou Y Rabbitt NO Sweeney NO
Arroyo Y Carrozz ER Fields Y Jaffee Y McEneny Y Raia NO Tedisco NO
Aubry Y Castro Y Finch NO Jeffrie Y McKevit Y Ramos Y Thiele Y
Bacalle NO Christe NO Fitzpat NO John Y Meng Y Reilich NO Titone Y
Ball Y Clark Y Gabrysz NO Jordan NO Miller Y Reilly Y Titus Y
Barclay NO Colton Y Galef Y Kavanag Y Millman Y Rive J Y Tobacco Y
Barra NO Conte Y Gantt NO Kellner Y Molinar NO Rive N Y Towns Y
Barron ER Cook Y Gianari Y Kolb NO Morelle Y Rive PM Y Townsen NO
Benedet Y Corwin NO Gibson Y Koon Y Nolan ER Robinso ER Walker Y
Benjami NO Crespo Y Giglio NO Lancman Y Oaks NO Rosenth Y Weinste Y
Bing Y Crouch NO Glick Y Latimer Y O'Donne Y Russell ER Weisenb NO
Boyland ER Cusick Y Gordon NO Lavine Y O'Mara NO Saladin Y Weprin Y
Boyle NO Cymbrow Y Gottfri Y Lentol Y Ortiz Y Sayward NO Wright Y
Bradley Y DelMont Y Gunther NO Lifton Y Parment Y Scarbor ER Zebrows Y
Brennan Y DenDekk NO Hawley NO Lope PD NO Paulin Y Schimel Y Mr Spkr Y
Brodsky Y Destito Y Hayes NO Lope VJ Y Peoples NO Schimmi NO
Brook-K Y Dinowit Y Heastie Y Lupardo Y Peralta Y Schroed Y
Burling NO Duprey NO Hevesi Y Magee NO Perry ER Scozzaf NO
Butler NO Eddingt Y Hikind Y Magnare Y Pheffer Y Seminer ER
A06359 Memo: BILL NUMBER: A6359
TITLE OF BILL : An act to amend the public health law, in relation
to prohibiting certain restaurants and food establishments from
serving foods containing artificial trans fat; and providing for the
repeal of certain provisions upon expiration thereof
PURPOSE OF BILL : To prohibit certain restaurants and food
establishments from serving foods containing artificial trans fat and
protect consumers from the detrimental health effects of those fats.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : Amends the
Public Health Law by adding a new section 1352-d
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 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.
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 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 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 in 2020.
Subdivision 6 Oils, shortenings and margarines containing artificial
trans fat will be affected on Dec. 31 2009 and on June 1, 2010 all
other foods containing artificial trans fat will be affected.
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 4.5 grams of any
kind of trans fat . It will also allow affected businesses to sell or
serve any sealed packages of foods 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 - ref to Rules, print 9031B
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : Administrative
costs for State implementation.
EFFECTIVE DATE : This section shall take effect December 31, 2010
provided however, 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. The preemption subdivision
will sunset Dec. 31 2021.
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