POLICY DATABASE
New York City, N.Y., Health Code § 81.08 (current through August 4, 2019)
Brief Summary
The law prohibits trans fat (storing, distributing, holding for service, or using in preparation of any menu item) in any food service establishment or mobile food unit commissary. It also generally requires food service establishments and mobile food unit commissaries to retain labels and other specified documentation of food that are or contain trans fat.
Legal Strategies
Prohibits/discourages something.
Requires something, sets standards.
Reach
Community-wide
Food System Category: Distribute
State: New York
Jurisdiction Type: City
Jurisdiction Name: New York City
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. This policy is located within the New York City Health Code. See also references to e.g., "artificial trans fat." § 81.08 (b).
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?
No.
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?
Unclear. Although not titled "intent" or "purpose," this language is inlucded in the article's "scope" section of the he provisions of this article… protect[ ] the health and safety of the public." § 81.01.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 81.08 (b), § 81.03.
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Unclear. "In lieu of enforcement of this Code by way of prosecution, recovery of civil penalties, revocation of permits, seizure, embargo and condemnation, and other compulsory means, the Department may seek to obtain the voluntary compliance with this Code by way of notice, warning or other educational means; this section does not, however, require that such non-compulsory methods be used before proceeding by way of compulsory enforcement." § 3.13.
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
This policy is located in The Rules of the City of New York, Title 24: Department of Health and Mental Hygiene, New York City Health Code, Title IV: Environmental Sanitation, Part A Food and Drugs, Article 81 Food Preparation and Food Establishments. History: N/A.