HB5174 96TH GENERAL ASSEMBLY

LRB096 19176 RPM 34567 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5174

Introduced 2/1/2010, by Rep. LaShawn K. Ford

SYNOPSIS AS INTRODUCED:

New Act

Creates the Trans Fat Restriction Act. Sets forth definitions for "food facility" and "trans fat". Provides that every food facility shall maintain the manufacturer's documentation for any food or food additive that is or includes any fat, oil, or shortening for as long as the food or food additive is stored, distributed, or served by the food facility or used in the preparation of food within the food facility. Provides that beginning on July 1, 2010, no oil, shortening, or margarine containing trans fat for use in spreads or frying, except for the deep frying of yeast dough or cake batter, may be stored, distributed, or served by a food facility or used in the preparation of food within a food facility. Provides that beginning on July 1, 2011, no food containing trans fat, including oil and shortening that contains trans fat for use in the deep frying of yeast dough or cake batter, may be stored, distributed, or served by a food facility or used in the preparation of food within a food facility. Provides that the Department of Public Health shall adopt rules to administer and enforce the Act.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Trans Fat Restriction Act.

Section 5. Definitions.

For the purposes of this Act:

"Department" means the Department of Public Health.

"Food facility" means an entity that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, an operation where food is consumed on or off the premises, regardless of whether there is a charge for the food, and any place used in conjunction with the operations described in this Section, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. "Food facility" includes permanent and nonpermanent food facilities such as public and private school cafeterias, restricted food service facilities, licensed health care facilities, commissaries, mobile food facilities, mobile support units, temporary food facilities, and vending machines.

"Trans fat" means fat that is considered trans fat by the U.S. Food and Drug Administration. "Trans fat" does not include naturally occurring trans fat. Food shall be deemed to contain trans fat under this Act if the food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer's documentation or the label required on the food pursuant to applicable federal and State law lists the trans fat content as less than 0.5 grams per serving.

Section 10. Trans fat restriction.

(a) Every food facility shall maintain on the premises the manufacturer's documentation or label for any food or food additive that is or includes any fat, oil, or shortening for as long as the food or food additive is stored, distributed, or served by the food facility or used in the preparation of food within the food facility. The label described in this Section refers to the label that is required by applicable federal and State law to be on the food or food additive at the time of purchase by the food facility. The manufacturer's documentation may be maintained in lieu of the label. The manufacturer's documentation shall be maintained whenever the label is not required by federal and State law on the food or food additive that is or includes any fat, oil, or shortening. The manufacturer's documentation described in this Section shall be authorized by the Department and disclose one or both of the following:

(1) The trans fat content of the food or food additive.

(2) Whether a food or food additive is or includes margarine, vegetable shortening, or any kind of partially hydrogenated vegetable oil.

(b) Beginning on July 1, 2010, no oil, shortening, or margarine containing trans fat for use in spreads or frying, except for the deep frying of yeast dough or cake batter, may be stored, distributed, or served by a food facility or used in the preparation of food within a food facility.

(c) Beginning on July 1, 2011, no food containing trans fat, including oil and shortening that contains trans fat for use in the deep frying of yeast dough or cake batter, may be stored, distributed, or served by a food facility or used in the preparation of food within a food facility.

Section 15. Administration; enforcement. The Department of Public Health shall adopt rules to administer and enforce this Act.