Trans Fat Ban

In 2005 The Food and Drug Administration released a study stating that the average trans fat intake for a person over 20 years of age is 5.8 grams per day. Trans fat increases the risk of heart disease, stroke and diabetes by increasing your bad cholesterol (LDL’s) and decreasing your good cholesterol (HDL’s). In 2007 the Harvard School of Public Health released a study stating that people with elevated trans fat levels are three times more likely to contract coronary heart disease. In 2008 the American Journal of Epidemiology released a study stating that women with elevated trans fat levels are twice as likely to contract breast cancer.

Trans fat is a type of fat formed when liquid oils are made into solid fats (shortening and hard margarine). In addition to those foods mentioned above, trans fat are often found in processed foods such as crackers, candies, cookies, snack foods, fried foods and baked goods. For purposes of the trans fat ban, there is a presumption that a food contains artificial trans fat if the food contains vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, unless the label required pursuant to applicable federal and state law lists the trans fat content as less than 0.5 grams per serving.

On July 25, 2008 the Governor of California, signed into law Assembly Bill Number 97, Food Facilities; trans fat and is covered in the California Health and Safety Code Section 114377 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=114001-115000&file=114377). This ban applies to all food facilities (see exemptions below).

What does this mean to the operator of a food facility?

• Beginning January 1, 2010 no oil, shortening or margarine containing artificial trans fat for use in spreads or frying may be stored, distributed, served, or used in the preparation of any food within the a food facility.
  
• Beginning January 1, 2010 every food facility shall maintain on premises the label for all food or food additives that is or includes any fat, oil, or shortening for as long as the food is stored, distributed, served, or used in the preparation of food within a food facility. (To be in compliance, it is recommended that the original label remain affixed to the products or a “label book” can be maintained. Retaining label information electronically is also acceptable as long as it can be reviewed by an inspector.)

The FDA requires the amount of trans fat in a serving to be listed on a separate line under saturated fat on the Nutritional Facts panel.

• Beginning January 1, 2011, no food containing artificial trans fat, including oil, shortening, and margarine used to deep fry yeast dough and cake batter may be stored, distributed, served or used in the preparation of any food within a food facility.

Exemptions

Cal Code exempts public schools from the ban, however, public schools are already prohibited from serving food containing artificial trans fat under Senate Bill 490 which became effective July 1, 2009.

Prepackaged retail food sold or served in a manufacturer’s original, sealed package.

From January 1, 2010 to December 31, 2010, the trans fat ban does not apply to oil, shortening or margarine used to deep fry yeast dough or cake batter (see note three above under What does this mean to the operator of a food facility).

What to look for

• Not all margarines and shortening have artificial trans fat. Make sure to read the label to see if the product contains trans fat.
• Food contains trans fat if the label states a trans fat content greater than 0.5 grams per serving or contains either vegetable shortening, margarine or any kind of partially hydrogenated oil.
• Foods with a trans fat content of less than 0.5 grams per serving are not considered to contain trans fat.

The inspection

As part of the annual food facility inspection, the inspector will review labels. If a food item contains vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, there is a presumption that the food contains artificial trans fat, unless the label required pursuant to application federal and state law lists the trans fat content as less than 0.5 grams per serving. (Trans fat of animal origin is not considered to be artificial trans fat).

1. Trans fat ban violations are considered minor violations and may be subject to Voluntary Condemnation and Destruction procedures. The law provides for fines of $25.00 to $1,000.
2. Trans fat labeling violations will be mitigated by using a compliance schedule developed by the enforcement agency.
3. There are two types of violations, trans fat ban which is considered to be an adulteration and trans fat labeling.

Summary for Foods with Artificial Trans Fat:

Please note that there is no published, official list of alternative cooking products, however the New York City website contains many resources for the retailer. http://www.nyc.gov/html/doh/html/transfat/index.html

For more information please visit the following websites:

www.cfsan.fda.gov

www.americanheart.org

www.diabetes.org