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.


LRB097 15997 RPM 61148 b

 

 

A BILL FOR

 

HB5700LRB097 15997 RPM 61148 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
5Artificial Trans Fat Restriction Act.
 
6    Section 5. Definitions. For the purposes of this Act:
7    "Department" means the Department of Public Health.
8    "Food containing artificial trans fat" means a food that is
9labeled as, lists an ingredient as, or has vegetable
10shortening, margarine, or any kind of partially hydrogenated
11vegetable oil. "Food containing artificial trans fat" does not
12include a food that the nutrition facts label or other
13documentation from the manufacturer of which lists the trans
14fat content of the food as less than 0.5 grams per serving.
15    "Food facility" means an entity that prepares, packages,
16serves, vends, or otherwise provides food for human consumption
17at the retail level. "Food facility" does not include any
18entity operated by local or State government that prepares,
19packages, serves, vends, or otherwise provides food for human
20consumption. "Food facility" does not include any entity
21operated by a private school or public school district that
22prepares, packages, serves, vends, or otherwise provides food
23for human consumption. "Food facility" does not include any

 

 

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1small business.
2    "Small business" has the same meaning as ascribed to that
3term in Section 1-75 of the Illinois Administrative Procedure
4Act.
 
5    Section 10. Legislative purpose. It is the goal of the
6General Assembly that any entity operated by local or State
7government that prepares, packages, serves, vends, or
8otherwise provides food for human consumption, eliminate the
9purchase, distribution, preparation, service, sale, or use of
10foods containing artificial trans fat by January 1, 2016.
11    It is the goal of the General Assembly that any entity
12operated by a private school or public school district that
13prepares, packages, serves, vends, or otherwise provides food
14for human consumption, eliminate the purchase, distribution,
15preparation, service, sale, or use of foods containing
16artificial trans fat by January 1, 2016.
 
17    Section 15. Artificial trans fat restriction; food
18facility. Beginning on January 1, 2013, no food containing
19artificial trans fat may be served by a food facility or used
20in the preparation of food within a food facility. This
21prohibition shall not apply to food containing only naturally
22occurring trans fat; food sold or served in a manufacturer's
23original sealed package; free food samples made available or
24served to customers in food facilities, but that are only

 

 

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1available for sale in the manufacturer's original sealed
2package; or food repackaged from the manufacturer's original
3sealed package.
 
4    Section 20. Artificial trans fat restriction; school
5vending machines. Beginning on January 1, 2013, no food
6containing artificial trans fat may be made available in a
7vending machine operated by or within a private school or
8public school district.
 
9    Section 25. Administration; enforcement. The Department of
10Public Health shall adopt rules to administer and enforce this
11Act.