POLICY DATABASE
Rockland County, N.Y., Code §§ 267-17 – 267-25 (current through Sept. 5, 2017)
Brief Summary
This law prohibits the use of artificial trans fat in any food item prepared or served at a food establishment within the County of Rockland in order to reduce the risks of coronary heart disease. It exempts food served directly to patrons in a manufacturer's original sealed package and some donated foods. The act also requires food service establishments to keep specific types of records of foods that they store, distribute, hold for service or use in preparation of any menu item that are, or that contain, fats, oils or shortenings.
Legal Strategies
Prohibits/discourages something.
Requires something, sets standards.
Reach
Community-wide
Food System Category: Process, Get
State: New York
Jurisdiction Type: County
Jurisdiction Name: Rockland County
Does the law refer to priority populations in some way?
Yes. See references to these populations: "ages 65 and over," "women." § 267-18(A)(2).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See e.g., references to "health and well-being," "trans-fat free" (§ 267-18 (D), (E); "healthier alternatives" (§ 267-23); and links between coronary heart disease and artificial trans fat (§ 267-18 (A)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Yes. Several findings are cited at sec. 267-18. They include, inter alia, "Scientific evidence demonstrates a clear association between increased trans fat intake and the risk of coronary heart disease;" "Because of its negative effect on "good cholesterol," trans fat appears to be even worse than saturated fat;" "Approximately 80% of dietary trans fat is found in industrially produced [partially hydrogenated vegetable oil ("PHVO")]; "The major source of dietary trans fat, found in PHVO, can be replaced with currently available heart-healthy alternatives;" and "Owners of many food service establishments in Rockland County, acknowledging the health risks caused by artificial trans fats and recognizing the availability of tasty, healthy alternatives, have already voluntarily gone "trans-fat free." § 267-18.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The purpose of this article is to safeguard the health and well-being of all Rockland County residents by prohibiting the use of artificial trans fat in any food item prepared or served at a food establishment within the County of Rockland in order to dramatically reduce the risks of [coronary heart disease]." § 267-18(E).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 267-19.
Does the law address implementation in some way?
Yes. Although specific government implementation details are limited, the act does provide that "the Department of Health shall promulgate and make available information regarding the dangers of trans fats and the availability of healthier alternatives, in such manner as may be reasonably determined by the Commissioner of Health, or his or her designees." § 267-23.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Any person who violates the provisions of this article shall be subject to the imposition by the Rockland County Department of Health of a civil penalty pursuant to Section 1.25 of the Rockland County Sanitary Code. § 267-22.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Sections 267-17 through 267-25 are located in Part II (General Legislation), Chapter (Food Service), Article III (Artificial Trans Fat Restrictions). Hisotry: adopted 6-1-2010 by L.L. No. 7-2010.