HB5700 97TH GENERAL ASSEMBLY

LRB097 15997 RPM 61148 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5700

Introduced 2/16/2012, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

New Act

Creates the Artificial Trans Fat Restriction Act. Sets forth definitions and the legislative purpose of the Act. Provides that beginning on January 1, 2013, no food containing artificial trans fat may be served by a food facility or used in the preparation of food within a food facility. Excludes from the prohibition food containing only naturally occurring trans fat; food sold or served in a manufacturer's original sealed package; free food samples made available or served to customers in food facilities, but that are only available for sale in the manufacturer's original sealed package; and food repackaged from the manufacturer's original sealed package. Provides that beginning on January 1, 2013, no food containing artificial trans fat may be made available in a vending machine operated by or within a private school or public school district. 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 Artificial Trans Fat Restriction Act.

Section 5. Definitions. For the purposes of this Act:

"Department" means the Department of Public Health.

"Food containing artificial trans fat" means a food that is labeled as, lists an ingredient as, or has vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil. "Food containing artificial trans fat" does not include a food that the nutrition facts label or other documentation from the manufacturer of which lists the trans fat content of the food as less than 0.5 grams per serving.

"Food facility" means an entity that prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. "Food facility" does not include any entity operated by local or State government that prepares, packages, serves, vends, or otherwise provides food for human consumption. "Food facility" does not include any entity operated by a private school or public school district that prepares, packages, serves, vends, or otherwise provides food for human consumption. "Food facility" does not include any small business.

"Small business" has the same meaning as ascribed to that term in Section 1-75 of the Illinois Administrative Procedure Act.

Section 10. Legislative purpose. It is the goal of the General Assembly that any entity operated by local or State government that prepares, packages, serves, vends, or otherwise provides food for human consumption, eliminate the purchase, distribution, preparation, service, sale, or use of foods containing artificial trans fat by January 1, 2016.

It is the goal of the General Assembly that any entity operated by a private school or public school district that prepares, packages, serves, vends, or otherwise provides food for human consumption, eliminate the purchase, distribution, preparation, service, sale, or use of foods containing artificial trans fat by January 1, 2016.

Section 15. Artificial trans fat restriction; food facility. Beginning on January 1, 2013, no food containing artificial trans fat may be served by a food facility or used in the preparation of food within a food facility. This prohibition shall not apply to food containing only naturally occurring trans fat; food sold or served in a manufacturer's original sealed package; free food samples made available or served to customers in food facilities, but that are only available for sale in the manufacturer's original sealed package; or food repackaged from the manufacturer's original sealed package.

Section 20. Artificial trans fat restriction; school vending machines. Beginning on January 1, 2013, no food containing artificial trans fat may be made available in a vending machine operated by or within a private school or public school district.

Section 25. Administration; enforcement. The Department of Public Health shall adopt rules to administer and enforce this Act.