San Francisco, Cal., Health Code art. 37 (current through June 28, 2019)
Brief Summary
This ordinance authorizes and directs the Department of Health to develop and implement a Trans Fat Free Restaurant Program. Qualifying restaurants receive an official decal and are listed on the Department's website as trans fat free for a $250 annual registration fee.
Legal Strategies
Prohibits/discourages something.
Creates an incentive for a change.
Limited scope. The law establishes a voluntary program.
Food System Category: Distribute, Get
State: California
Jurisdiction Type: City, County
Jurisdiction Name: San Francisco
Does the law refer to priority populations in some way?
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. The policy is located within San Francisco's Health Code. See also references to e.g., "artificial trans fat" and "general welfare." Art. 37.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
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?
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 labeled, "intent" or "purpose," section 3703 indicates the purpose of the program created by the ordinance is "to encourage and recognize restaurants that discontinue storing, distributing, serving, or using any food, oil, shortening, or margarine containing artificial trans fat." §3703. In addition, section 3711 indicates that in adopting and implementing the ordinance, the City and County of San Francisco is assuming "an undertaking to promote the general welfare." § 3711.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 3702.
Does the law address implementation in some way?
Yes. "The Director, after a public hearing, shall adopt and may amend guidelines, rules, regulations and forms to implement a Trans Fat Free Restaurant recognition program, including the application process, eligibility criteria, and qualification as a Trans Fat Free Restaurant." § 3704. "The Director shall conduct outreach to all restaurants that are eligible to participate in programs established under this Ordinance and shall afford all eligible restaurants the same opportunities to participate in the program. The Director shall periodically post a list of Trans Fat Free Restaurants certified through the program on the Department's website." § 3705.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Any "intentional false or misleading statements or misrepresentations made by any person applying to the program regarding a restaurant's eligibility or qualifications for or compliance with the Trans Fat Free Restaurant program"..."is subject to an administrative penalty up to $500 per violation in addition to any other available remedies." In addition, "the Director may revoke that restaurant's recognition as a Trans Fat Free Restaurant." § 3708.
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
This policy is located in the San Francisco Health Code, Article 37 Trans Fat Free Restaurant Program Ordinance. History: Added by Ord. 13-08, File No. 071607, App. 2/7/2008.