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BILL AS INTRODUCED 2007-2008

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S.130

Introduced by Senator Mullin of Rutland District

Referred to Committee on

Date:

Subject:  Health; foods and drugs; food establishments; food containing artificial trans fat

Statement of purpose:  This bill proposes to ban the use of artificial trans fat at food service establishments in Vermont beginning July 1, 2007.

AN ACT RELATING TO THE USE OF ARTIFICIAL TRANS FAT BY FOOD SERVICE ESTABLISHMENTS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. § 4302a is added to read:

§ 4302a.  FOODS CONTAINING ARTIFICIAL TRANS FAT

(a)  Artificial trans fat restricted.  No foods containing artificial trans fat, as defined in this section, shall be stored, distributed, held for service, used in preparation of any menu item, or served in any food service establishment licensed under this subchapter except food that is being served directly to patrons in a manufacturer’s original sealed package.

(b)  Definition.  For the purposes of this section, a food shall be deemed to contain artificial trans fat if the food is labeled as, lists as an ingredient, or has 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.

(c)  Labels required.

(1)  Original labels.  Food service establishments licensed under this subchapter shall maintain on site the original labels for all food products:

(A)  that are, or that contain, fats, oils, or shortenings; and

(B)  that are, when purchased by such food service establishments, required by applicable federal and state law to have labels; and

(C)  that are currently being stored, distributed, held for service, used in preparation of any menu items, or served by the food service establishment.

(2)  Documentation instead of labels.  Documentation acceptable to the board, from the manufacturers of such food products, indicating whether the food products contain vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of original labels.

(3)  Documentation required when food products are not labeled.  If baked goods, or other food products restricted pursuant to subsection (a) of this section, that are or that contain fats, oils, or shortenings, are not required to be labeled when purchased, food service establishments and mobile food commissaries shall obtain and maintain documentation acceptable to the board from the manufacturers of the food products, indicating whether the food products contain vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or indicating trans fat content.

(d)  Effective date.  This section shall take effect on July 1, 2007 with respect to oils, shortenings, and margarines containing artificial trans fat that are used for frying or in spreads; except that the effective date of this section with regard to oils or shortenings used for deep frying of yeast dough or cake batter and for all other foods shall be July 1, 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us