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2012 -- H 7736 | |
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LC01556 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO FOOD AND DRUGS - SANITATION IN FOOD ESTABLISHMENTS | |
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Introduced By: Representatives McNamara, Bennett, and Naughton | |
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Date Introduced: February 16, 2012 | |
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Referred To: House Health, Education & Welfare | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 21-27 of the General Laws entitled "Sanitation in Food |
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Establishments" is hereby amended by adding thereto the following section: |
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21-27-12. Restrictions on foods containing industrially-produced trans fats. – (a) No |
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foods containing industrially-produced trans fat, as defined in this section, shall be stored, |
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distributed, held for service, used in preparation of any menu item or served in any food service |
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establishment, or by any food business, or by any mobile food service unit, as defined in section |
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21-27-1, except food that is being served directly to patrons in a manufacturer’s original sealed |
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package. |
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(b) For the purposes of this section, a food shall be deemed to contain industrially- |
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produced trans fat if the food is labeled as, lists as an ingredient, or has vegetable shortening, |
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margarine, or any kind of partially hydrogenated vegetable oil. A food with a nutrition facts label |
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or other documentation from the manufacturer that lists the trans fat content of the food as zero |
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grams per serving shall not be considered as containing industrially-produced trans fat. |
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(c) Labels shall be required as follows: |
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(1) All food service establishments, food businesses, and/or mobile food service units |
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shall maintain on site the original labels for all food products that: |
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(i) Contain fats, oils, or shortenings; and |
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(ii) When purchased by such food service establishments, food businesses, and/or mobile |
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food services, are required by applicable federal and state law to have labels; and |
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(iii) Are currently being stored, distributed, held for service, used in preparation of any |
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menu items, or served by the food service establishment, food business, and/or mobile food |
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service unit. |
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(2) Documentation acceptable to the department of health from the manufacturers of such |
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food products, indicating whether the food products contain vegetable shortening or any kind of |
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partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of |
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original labels. |
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(3) If baked goods, or other food products restricted pursuant to subsection (a) of this |
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section herein, that are or that contain fats, oils, or shortenings, are not required to be labeled |
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when purchased, the food service establishment, food business, and/or mobile food service unit |
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shall obtain and maintain documentation acceptable to the department of health, from the |
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manufacturers of the food products, indicating whether the food products contain vegetable |
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shortening or any kind of partially hydrogenated vegetable oil, or indicating trans fat content. |
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(d) This section shall be implemented as follows: |
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(1) Food service establishments, food businesses, and/or mobile food service units shall |
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have six (6) months after enactment of this section to use oils, margarines, and shortenings that |
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provide zero grams trans fat per serving except for fats used in deep-frying, yeast dough, and for |
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cake batter. |
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(2) Food service establishments, food businesses, and/or mobile food service units will be |
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required to use trans fat free replacements for deep-frying, yeast dough, and cake batter within |
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eighteen (18) months of enactment of this section. |
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(3) A “grace period” will be implemented by the department of health if the agency |
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confirms that healthier oil alternatives are not available in sufficient amounts; that there is a |
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disruption in supply; or that there are late-stage operational adjustments identified by restaurants |
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and bakers. |
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(e) The department of health shall make available to food service establishments, food |
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businesses, and mobile food service units, resource materials, including brochures, practical tips |
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and information about alternatives, to enable food service establishments, food businesses, and |
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mobile food service units to reduce the amount of trans fat in foods served without substituting |
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unhealthy oils and fats. |
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(f) The department of health shall have the authority to adopt rules to carry out the |
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purposes of this section. |
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(g) The department of health may impose fines for noncompliance pursuant to section 21- |
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27-11.11. |
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SECTION 2. This act shall take effect upon passage. |
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LC01556 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO FOOD AND DRUGS - SANITATION IN FOOD ESTABLISHMENTS | |
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This act would restrict the use of industrially-produced trans fat in foods prepared and/or |
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served by food service establishments, food businesses, and mobile food service units. |
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This act would take effect upon passage. |
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LC01556 | |
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