• Summary
  of the
  Regulation On December 5, 2006, the New York City Board of Health approved an amendment to the Health Code to phase out artificial trans fat in all New York City restaurants and other food establishments.  The law is now in full effect.
  
  The amendment restricted the use of artificial trans fat in
• all food service establishments required to hold a New York City Health Department permit, including restaurants, caterers, mobile food-vending units, and mobile food commissaries, among others.  The regulations took effect in two phases:
  
  As of July 1, 2007:
  It is prohibited to use partially hydrogenated vegetable oils, shortenings, or margarines for frying, pan-frying (sautéing), grilling, or as a spread unless you have product labels or other documents from the manufacturer showing that these ingredients contain less than 0.5 grams of trans fat per serving.
  
  
• You may continue to use trans fat-containing oils and shortenings for deep frying cake batter and yeast dough until the regulation takes full effect on July 1, 2008.
  
  As of July 1, 2008:
  No food containing partially hydrogenated vegetable oils, shortenings, or margarines with 0.5 grams or more trans fat per serving may be stored, used, or served by food service establishments.
  
  The regulation does not apply to food served in the manufacturer's original, sealed packaging, such as a package of crackers or a bag of potato chips.

7. How can I tell if a particular product is allowed under the regulation?
Step 1. Look at the package label or ingredients list to see if "partially hydrogenated," "shortening," or "margarine" are listed. If none of these terms appear, you may
use the product.

If any of these terms are listed, go to Step 2 to see if the product contains too much trans fat.

Step 2. Check the Nutrition Facts panel for trans fat content. If the panel says the product has 0 grams of trans fat, or less than 0.5 grams of trans fat per serving, you may use the product.

If the Nutrition Facts panel says the product has 0.5 grams or more trans fat, you may not use the product.

If there is no Nutrition Facts panel on the product, go to Step 3.

Step 3. If there is no Nutrition Facts panel, ask your supplier to provide a letter from the manufacturer listing the product's ingredients. If the ingredients list contains the words "partially hydrogenated,""shortening," or "margarine," the letter must also include information on the amount of trans fat in each serving.

As in Step 2, if the product has 0 grams of trans fat, or less than 0.5 grams of trans fat per serving, you may use it.

The letter should be on the manufacturer's letterhead and show the manufacturer's name and address. Keep the letter at your food service establishment, available for review by a Health Department inspector.

8. I buy containers of oil that are shipped in a box. The containers do not have labels but the box does. Do I need to save the labels on the box?
Yes. Save the ingredients label and the Nutrition Facts panel, along with the product's brand name and common name, until the product has been completely used. These labels should be available for review by a Health Department inspector.

9. Which labels should I save, and how long should I keep them?
You need to save the label for any food containing oils, shortenings, or margarines, regardless of how you use the product. For instance, if you are frying frozen french fries, you should save the label for both the frying oil and the french fries until both have been completely used.

10. What should I do with products that contain artificial trans fat
if they are still in my pantry on July 1, 2008?
If a product containing partially hydrogenated oil has 0.5 grams or more trans fat per serving,
you cannot store, use, or serve it.

11. What if a supplier sells me cakes that contain no artificial trans fat, but each serving contains more than 0.5 grams of trans fat per serving from natural sources?
If the product label or ingredients list does not mention partially hydrogenated vegetable oil, shortening, or margarine, then the trans fat in the product comes from natural sources and is not covered by the regulation. In that case, you may use it. If the product label or ingredients list does mention any of these ingredients, its trans fat content must be less than 0.5 grams per serving.

12. If I purchase ingredients from outside of New York City for products I serve in my establishment, do those ingredients have to contain less than 0.5 grams of trans fat per serving?
It does not matter where you buy the products. All foods and ingredients stored, used, or served in New York City food service establishments that contain partially hydrogenated vegetable oils, shortenings, or margarines must have less than 0.5 grams of trans fat per serving.

Enforcement                                               

13. Does the Health Department issue trans fat violations?
Yes. The Department began issuing trans fat violations on July 1, 2007.

14. Are violations counted as 'critical' or 'general'?
Trans fat violations are not counted as critical or general, nor do they count toward your food service establishment inspection score.

15. Does the Health Department follow up on trans fat violations?
Yes. Any food service establishment violating the restriction on artificial trans fat receives a follow-up inspection to determine compliance.

16. Are trans fat violations posted on
the Health Department's Restaurant Inspection Web site?
Yes. Trans fat violations have been posted since July 1, 2007.

17. How much will I be fined if an inspector finds oils, shortenings,
or margarines that contain trans fat?
Administrative Tribunal hearing officers may assess fines between $200 and $2,000. Penalty amounts will increase for repeated violations.

18. Can I receive a violation for food I purchase in bulk if it comes without a label?
Yes.

You need to have labels or other manufacturer’s documentation available for all products that are or contain oil, shortening, or margarine. 

If you buy unlabeled baked goods or other food products that contain oils or shortenings, you need to ask your supplier for an ingredients list and a Nutrition Facts panel or a letter from the manufacturer (as described in Question 7) showing trans fat content per serving.

19. If I have a food item containing artificial trans fat but I don't cook with it, may I keep it in my kitchen pantry?
No. The Health Department will issue violations for all restricted products that are found in the establishment - regardless of whether they are used, served, or stored.

Substituting for Trans Fat                        

20. May I use a product that claims to have '0 grams trans fat' if the ingredients list includes partially hydrogenated vegetable oil, shortening, or margarine?
Yes. The U.S. Food and Drug Administration allows products with less than 0.5 grams of trans fat per serving to be labeled 0 grams trans fat, even if they contain small amounts. Any product labeled 0 grams trans fat per serving is in compliance with the regulation.

21. Are products with 0 grams trans fat more expensive?
Establishments that make the change usually find that the costs are similar. Contact your supplier to inquire about prices, and start switching over to products with 0 grams trans fat as soon as possible.

22. What can I use for frying instead of oils that contain trans fat?
Ask your suppliers for oils that have 0 grams of trans fat per serving. These include traditional vegetable oils such as soybean, corn, or canola oil, as well as new oils made from specific varieties of soybeans, sunflowers, and other grains and seeds with long fry lives. Your supplier should have a range of options available.

23. What can I use for baking instead of shortenings with trans fat?
There is a wide variety of products that can meet your baking needs. Click here for a list of our list of 0 grams trans fat products.

25. How can I get advice about using healthier fats?
While your choice of replacement fats is not covered by Health Code regulations, the Health Department encourages you to make healthier substitutions whenever you can. Healthier fats are available for frying, baking and use as a spread. Click here for a list of our list of 0 grams trans fat products.