POLICY DATABASE
Policy 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.

Background Information

State California
Jurisdiction Name San Francisco
Jurisdiction Type City, County,
Population Size 800,000+
Legal Strategies
  • Prohibits/discourages something
  • Creates an incentive for a change
Reach Limited scope
The law establishes a voluntary program.
Food System Category Distribute; Get;

Policy Details

Refers to priority populations?
No

Emergency management?
No
Health-related linkage?
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.

Environmental linkage?
No

Economic linkage?
No

Includes findings?
No

Has a stated intent or purpose?
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.

Includes definitions?
Yes

§ 3702.

Addresses implementation?
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.

Enforcement provisions?
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.

Evaluation component?
No

Requires extra investment?
No

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.

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