2012 -- H 7736

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LC01556

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO FOOD AND DRUGS - SANITATION IN FOOD ESTABLISHMENTS

     Introduced By: Representatives McNamara, Bennett, and Naughton

     Date Introduced: February 16, 2012

     Referred To: House Health, Education & Welfare

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

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

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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