(1) No person shall store, distribute, hold for service, use in preparation of any menu item or serve any foods containing artificial trans fat, as defined in this Section, in any food service establishment except food that is served directly to patrons in a manufacturer's original sealed package.
(2) A food shall be deemed to contain artificial trans fat if the food is labeled as, lists as an ingredient, contains or is vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, except that a food the nutrition facts label of which, or other documentation from the manufacturer, lists the trans fat content of the food as less than 0.5 grams per serving shall not be deemed to contain artificial trans fat.
(3) Food service establishments shall maintain on site either the original labels identifying the trans fat content or approved alternative documentation for all food products:
(a) that are, or that contain, fats, oils or shortenings;
(b) that are, when purchased by such food service establishments, required by applicable law to have labels; and
(c) that are being stored, distributed, held for service, used in preparation of any menu items or served by the food service establishment.
Documentation acceptable to the Department from the manufacturers of such food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of original labels, or where original labels are not required by law.
(4) Exemptions: The following establishments shall be exempt from the provisions of this Section for bakery products only:
(a) Any establishment engaged both in the preparation and retail sale of bakery products on the premises; or any other location operated by such establishment for the retail sale of its bakery products, provided it operates no more than three (3) such retail sales locations within the City.
(5) This Section shall take effect on September 1, 2007 with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads and shall take effect on September 1, 2008 with respect to all other uses of foods containing artificial trans fat.
Notes
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