- Sep 20, 2006
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NEW YORK ? New York today became the first city in the United States to prohibit trans fats in restaurants, a shift that will affect eateries from the corner deli to the brasserie and ultimately may influence how food is prepared at restaurants around the nation.
The city's board of health unanimously approved the ban, which takes effect July 1. It will bar trans-fat-laden oils and shortenings used for frying and spreads such as margarine that contain the artery-clogging ingredient.
Bakeries and restaurants will have until July 1, 2008 ? an additional 12 months ? to replace trans fats in baked goods such as pie crusts and deep-fried desserts such as doughnuts because it may take more time to find other products that achieve the same texture, health commissioner Thomas Frieden said.
"We know trans fats increase the chance for heart attack, stroke and death, and they don't have to be there," Frieden said. The new rules are "going to make New Yorkers live longer and healthier lives."
The ban will not apply to food served in a manufacturer's original packaging or to foods that contain less than 0.5 grams of trans fats per serving.
In addition to extending the phase-out of trans fats, health officials took other steps to help eateries comply with the changes, Frieden said.
The city will provide a product list and a help line. Additionally, there will be a three-month grace period at the start of both phases of the ban in which violators will not have to pay fines, which start at $200.
There are no plans to test foods for the banned ingredient. To enforce the law, however, inspectors will check labels, Frieden said.
Some restaurant representatives expressed disappointment, saying that even 18 months is too little time to find alternative products and modify recipes.
"It has taken restaurants that have changed two to three years to find alternatives, and the time limit that has been placed here is unrealistic," said Sheila Weiss, director of nutrition policy for the National Restaurant Association.
Charles Hunt, executive vice president of the New York State Restaurant Association, said a voluntary shift instead of a mandatory one would have been effective.
"The demand for the products is going to exceed the supply, and that's going to make it hard for restaurants to comply," said Hunt, adding that smaller eateries may have to raise prices and risk losing customers if trans-fat-free products cost them more. "The restaurant industry in New York is not going to go away based on this, but it doesn't make our jobs any easier."
Dan Fleshler, spokesman for the National Restaurant Association, said his organization will consider possible litigation to challenge the rules.
"We don't think it's a good precedent," he said. "We don't think a local municipal health body has any business banning a product the FDA has already approved."
Hunt agreed that the prohibition of a legal product was troubling.
"What's the next legal product the government says you can't serve ? ice cream?" he asked. "It's a slippery slope."
Frieden said the board has the power to regulate the use of trans fats and added that it was unlikely other food ingredients would require such a ban.
"We're quite certain we'd be able to withstand any legal challenge if there were one," he said. "There is nothing else in our restaurant supply that has the kind of impact trans fats have ? and can be replaced so easily."
The city's board of health unanimously approved the ban, which takes effect July 1. It will bar trans-fat-laden oils and shortenings used for frying and spreads such as margarine that contain the artery-clogging ingredient.
Bakeries and restaurants will have until July 1, 2008 ? an additional 12 months ? to replace trans fats in baked goods such as pie crusts and deep-fried desserts such as doughnuts because it may take more time to find other products that achieve the same texture, health commissioner Thomas Frieden said.
"We know trans fats increase the chance for heart attack, stroke and death, and they don't have to be there," Frieden said. The new rules are "going to make New Yorkers live longer and healthier lives."
The ban will not apply to food served in a manufacturer's original packaging or to foods that contain less than 0.5 grams of trans fats per serving.
In addition to extending the phase-out of trans fats, health officials took other steps to help eateries comply with the changes, Frieden said.
The city will provide a product list and a help line. Additionally, there will be a three-month grace period at the start of both phases of the ban in which violators will not have to pay fines, which start at $200.
There are no plans to test foods for the banned ingredient. To enforce the law, however, inspectors will check labels, Frieden said.
Some restaurant representatives expressed disappointment, saying that even 18 months is too little time to find alternative products and modify recipes.
"It has taken restaurants that have changed two to three years to find alternatives, and the time limit that has been placed here is unrealistic," said Sheila Weiss, director of nutrition policy for the National Restaurant Association.
Charles Hunt, executive vice president of the New York State Restaurant Association, said a voluntary shift instead of a mandatory one would have been effective.
"The demand for the products is going to exceed the supply, and that's going to make it hard for restaurants to comply," said Hunt, adding that smaller eateries may have to raise prices and risk losing customers if trans-fat-free products cost them more. "The restaurant industry in New York is not going to go away based on this, but it doesn't make our jobs any easier."
Dan Fleshler, spokesman for the National Restaurant Association, said his organization will consider possible litigation to challenge the rules.
"We don't think it's a good precedent," he said. "We don't think a local municipal health body has any business banning a product the FDA has already approved."
Hunt agreed that the prohibition of a legal product was troubling.
"What's the next legal product the government says you can't serve ? ice cream?" he asked. "It's a slippery slope."
Frieden said the board has the power to regulate the use of trans fats and added that it was unlikely other food ingredients would require such a ban.
"We're quite certain we'd be able to withstand any legal challenge if there were one," he said. "There is nothing else in our restaurant supply that has the kind of impact trans fats have ? and can be replaced so easily."
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