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2012 -- S 2802 | |
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LC00974 | |
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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 SERVICE | |
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ESTABLISHMENTS | |
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Introduced By: Senators Sosnowski, Crowley, Perry, Gallo, and Lanzi | |
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Date Introduced: March 21, 2012 | |
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Referred To: Senate Health & Human Services | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby |
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amended by adding thereto the following chapter: |
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CHAPTER 27.2 |
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INDUSTRIALLY-PRODUCED TRANS FATS |
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21-27.2-1. Restrictions on foods containing industrially-produced trans fats. – No |
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foods containing industrially-produced trans fat, as defined in this chapter, 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 of this chapter, except food that is being served directly to patrons in a manufacturer's |
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original sealed package. |
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21-27.2-2. Definition. – For the purposes of this chapter, a food shall be deemed to |
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contain industrially-produced trans fat if the food is labeled as, lists as an ingredient, or has |
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vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil. A food with |
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a nutrition facts label or other documentation from the manufacturer that lists the trans fat content |
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of the food as zero grams per serving shall not be considered as containing industrially-produced |
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trans fat. |
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21-27.2-3. Labels required. – (a) Original labels. - All food service establishments, food |
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businesses, and/or mobile food service units shall maintain on site the original labels for all food |
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products: |
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(1) That are, or that contain, fats, oils or shortenings; and |
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(2) That are, when purchased by such food service establishments, food businesses, |
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and/or mobile food services, required by applicable federal and state law to have labels; and |
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(3) That are currently being stored, distributed, held for service, used in preparation of |
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any 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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(b) Documentation instead of labels. - Documentation acceptable to the department of |
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health from the manufacturers of such food products, indicating whether the food products |
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contain vegetable shortening or any kind of partially hydrogenated vegetable oil, or indicating |
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trans fat content, may be maintained instead of original labels. |
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(c) Documentation required when food products are not labeled. - If baked goods, or |
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other food products restricted pursuant section 21-27.2-1, that are or that contain fats, oils or |
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shortenings, are not required to be labeled when purchased, the food service establishment, food |
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business, and/or mobile food service unit shall obtain and maintain documentation acceptable to |
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the department of health, from the manufacturers of the food products, indicating whether the |
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food products contain vegetable shortening or any kind of partially hydrogenated vegetable oil, or |
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indicating trans fat content. |
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21-27.2-4. Implementation. – (a) Food service establishments, food businesses, and/or |
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mobile food service units will have six (6) months after enactment of this chapter to use oils, |
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margarines and shortenings that provide zero grams trans fat per serving except for fats used in |
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deep-frying, yeast dough, and for cake batter. |
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(b) 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 chapter. |
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(c) 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, there is a disruption |
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in supply, or there are late-stage operational adjustments identified by restaurants and bakers. |
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21-27.2-5. Technical assistance. – The department of health should, to the greatest |
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degree possible, make available to food service establishments, food businesses, and mobile food |
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service units, resource materials, including brochures, practical tips and information about |
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alternatives, to enable food service establishments, food businesses, and mobile food service units |
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to reduce the amount of trans fat in foods served without substituting unhealthy oils and fats. |
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21-27.2-6. Regulatory authority. – The department of health shall have the authority to |
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adopt rules to carry out the purposes of this section. |
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21-27.2-7. Administrative fines. – The department of health may impose fines for |
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noncompliance pursuant to section 21-27-11.11. |
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SECTION 2. This act shall take effect upon passage. |
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LC00974 | |
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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 SERVICE | |
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ESTABLISHMENTS | |
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*** | |
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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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LC00974 | |
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