97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1600

 

Introduced 2/15/2011, 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, 2011, 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, 2012, 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.


LRB097 09057 RPM 49191 b

 

 

A BILL FOR

 

HB1600LRB097 09057 RPM 49191 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Trans
5Fat Restriction Act.
 
6    Section 5. Definitions.
7    For the purposes of this Act:
8    "Department" means the Department of Public Health.
9    "Food facility" means an entity that stores, prepares,
10packages, serves, vends, or otherwise provides food for human
11consumption at the retail level, including, but not limited to,
12an operation where food is consumed on or off the premises,
13regardless of whether there is a charge for the food, and any
14place used in conjunction with the operations described in this
15Section, including, but not limited to, storage facilities for
16food-related utensils, equipment, and materials. "Food
17facility" includes permanent and nonpermanent food facilities
18such as public and private school cafeterias, restricted food
19service facilities, licensed health care facilities,
20commissaries, mobile food facilities, mobile support units,
21temporary food facilities, and vending machines.
22    "Trans fat" means fat that is considered trans fat by the
23U.S. Food and Drug Administration. "Trans fat" does not include

 

 

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1naturally occurring trans fat. Food shall be deemed to contain
2trans fat under this Act if the food contains vegetable
3shortening, margarine, or any kind of partially hydrogenated
4vegetable oil, unless the manufacturer's documentation or the
5label required on the food pursuant to applicable federal and
6State law lists the trans fat content as less than 0.5 grams
7per serving.
 
8    Section 10. Trans fat restriction.
9    (a) Every food facility shall maintain on the premises the
10manufacturer's documentation or label for any food or food
11additive that is or includes any fat, oil, or shortening for as
12long as the food or food additive is stored, distributed, or
13served by the food facility or used in the preparation of food
14within the food facility. The label described in this Section
15refers to the label that is required by applicable federal and
16State law to be on the food or food additive at the time of
17purchase by the food facility. The manufacturer's
18documentation may be maintained in lieu of the label. The
19manufacturer's documentation shall be maintained whenever the
20label is not required by federal and State law on the food or
21food additive that is or includes any fat, oil, or shortening.
22The manufacturer's documentation described in this Section
23shall be authorized by the Department and disclose one or both
24of the following:
25        (1) The trans fat content of the food or food additive.

 

 

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1        (2) Whether a food or food additive is or includes
2    margarine, vegetable shortening, or any kind of partially
3    hydrogenated vegetable oil.     
4    (b) Beginning on July 1, 2011, no oil, shortening, or
5margarine containing trans fat for use in spreads or frying,
6except for the deep frying of yeast dough or cake batter, may
7be stored, distributed, or served by a food facility or used in
8the preparation of food within a food facility.
9    (c) Beginning on July 1, 2012, no food containing trans
10fat, including oil and shortening that contains trans fat for
11use in the deep frying of yeast dough or cake batter, may be
12stored, distributed, or served by a food facility or used in
13the preparation of food within a food facility.
 
14    Section 15. Administration; enforcement. The Department of
15Public Health shall adopt rules to administer and enforce this
16Act.