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Trans Fat and Menu Labeling Legislation

Updated June 2007 

In December 2006, New York City's Board of Health approved two proposals designed to help ensure that consumers have a choice of healthier options for restaurant foods.  As of March 1, 2007, New York City's Health Department will require restaurants with standard menu items to make calorie information publicly available at the point of purchase by posting it on menus and menu boards, where consumers can see it when they order.   The City will also phase in a ban on trans fat in all City restaurants over the next 18 months, requiring that food items – including all margarines and shortenings – must contain less than 0.5 grams of trans fat per serving. Consuming trans fat raises levels of LDL, or “bad,” cholesterol and lowers levels of HDL, or “good,” cholesterol. This can cause the arteries to become clogged and increase the risk of heart attack and stroke.   State Legislation for Trans Fat Bans or Restrictions -Proposed and Enacted 2007, Enacted 2006 State legislation that would restrict or ban the use of trans fats is listed below, including bills proposed in 2007 and enacted in 2006 or 2007.  Some bills would impose a statewide ban on trans fat in retail food establishments or chain restaurants, other bills propose to limit or ban trans fats in foods served in school cafeterias, or to study trans fat alternatives. California CA AB 86 (2007-2008, proposed) - Would prohibit the sale in elementary, middle or high schools, of foods containing partially hydrogenated or hydrogenated vegetable oils, except to the extent that these oils are naturally occurring. CA AB 90 (2007-2008, proposed) - Would prohibit schools or school districts from making any food containing artificial trans fat available to pupils during school hours. Would also prohibit the use of artificial trans fat in the preparation of a food item served to pupils. CA AB 93 (2007-08, proposed) - Would prohibit any food containing artificial trans fat from being stored, distributed, or served by, or used in the preparation of any food within, a food facility. Food sold or served in a manufacturer's original, sealed package would be exempt. CA AB 97 (2007-08, proposed) - Would require every food facility to maintain on the premises the manufacturer's documentation or label for any food or food additive that is or includes any fat, oil, or shortening, for as long as this food or food additive is stored, distributed, or served by, or used in the preparation of food within, the food facility. Would prohibit oil, shortening, or margarine containing specified trans fats for specified purposes, from being stored, distributed, or served by, or used in the preparation of any food. Connecticut CT SB 258 (2007, proposed) - Would ban the use of artificial trans fat in foods sold in Connecticut restaurants in an effort to improve food quality. Florida FL SB 406 (2007, proposed) - Would provide nutritional standards for foods available to school children on school campuses, including a requirement that if any public elementary, middle, or high school serves fried foods, such foods must be fried in oils that are low in trans fatty acids in order to reduce the development of health abnormalities in children. Georgia GA HR 826 (2007, resolution adopted) - Resolution recognizes that diets high in trans fats have been statistically shown to put consumers at higher risk for critical indicators for cardiovascular disease, such as hardening of the arteries, blockage of arteries, insulin resistance, and type 2 diabetes. Creates a House study committee on trans fat alternatives to study the current use of trans fats in Georgia's food industry and public school system, and to examine the feasibility of state-wide restrictions on the use of artificial trans fats and products that contain them in public schools and restaurants. Hawaii HI HB 1797, SB 1973 (2007, proposed) - Would prohibit foods containing artificial trans fat from being used in the preparation of any menu item, or served in any food service establishment. Would take effect July 1, 2008 for cooking oils, shortening, and margarines, and on July 1, 2009, for all other foods containing artificial trans fat. HI HCR 311 (2007, resolution adopted) - Resolution requests the state's department of health to determine the feasibility of reducing or eliminating the use of trans fat in food preparation and food service by Hawaii's restaurant industry. Illinois IL HB 1264 (2007, proposed) - Would create the Artificial Trans Fat Restriction Act providing that no foods containing artificial trans fat shall be stored, distributed, held for service, or used in the preparation of any menu item or served in any food service establishment or by any mobile food unit commissary except food that is being served directly to patrons in a manufacturer's original sealed package. Indiana IN SB 111 (2006, enacted, Public Law 54-2006) - Covers student nutrition and physical activity. Requires the department of education to provide information concerning health, nutrition, and physical activity.  Requires that at least 50 percent of food items sold in schools to qualify as "better food choices" and, among other definitions, specifies that better food choices are those in which (A) Not more than thirty percent (30%) of their total calories are from fat. (B) Not more than ten percent (10%) of their total calories are from saturated and trans fat. (C) Not more than thirty-five percent (35%) of their weight is from sugars that do not occur naturally in fruits, vegetables, or dairy products.  Provides that the requirements do not apply after school hours or to fundraisers. Maryland MD HB 91 and SB 504(similar) (2007, proposed) - Would have prohibited food service facilities from using food containing artificial trans fat for specified purposes; except for foods served directly to patrons in the original sealed package. Would require food service facilities to maintain on-site the original label for specified food under specified circumstances. MD SB 633 (2007, proposed) - Would have prohibited public schools, public institutions of higher education, and State-owned or State-operated food establishments from storing, distributing, holding for service, using in preparation of any menu items, or serving food containing artificial trans fat. Massachusetts MA HB 2147 (2007, proposed) - Would restrict trans fat in foods by providing that no foods containing artificial trans fat be stored, distributed, held for service, used in preparation of any menu item or served by a common victualler, except food that is being served directly to patrons in a manufacturer’s original sealed package. Would define foods as containing artificial trans fat if the food is labeled as, lists as an ingredient, or has vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, except for foods whose nutrition facts label or other documentation from the manufacturer lists the trans fat content of the food as less than 0.5 grams per serving. Michigan MI HB 4195 and HB 4196 (2007, proposed) - Would prohibit food service establishments (HB 4195 covers only those establishments with 20 or more locations in the state) from storing, distibuting or preparing foods containing artificial trans fats, except for foods being served directly to customers in the manufacturers original sealed package. Would phase in effective dates of July 1, 2007 for oils, shortenings and margarines used in frying or spreads, July 1, 2008 for oils or shortenings used for deep frying of yeast dough or cake batter and all other trans fats.  Would require food service establishments to maintain original labels or other documentation of the contents of foods containing fats, oils or shortenings. Mississippi MS HB 732 (2007, proposed) - Would, among other provisions, require schools to eliminate any non-naturally occurring trans fatty acids in food items and reduce the amount of and, whenever possible, eliminate saturated fat in food items, and reduce the amount of sugar and sodium in food items. Missouri MO HB 1294 (2007, proposed) - Would have prohibited artificial trans fat in all school foods, including food sold in vending machines. New Hampshire NH LSR 846 (2006-2007, proposed) - Would prohibit the use of trans-fats in the preparation of foods consumed in restaurants and school cafeterias. New Jersey NJ SB 2265 (2006-2007, proposed) - Would prohibit the use of artificial trans fats in food prepared and served in restaurants. NJ SB 1218 (2007, enacted, Public Law 2007, Chapter 45) - Establishes certain nutritional restrictions on foods and beverages served, sold or given away to pupils in public and certain nonpublic schools."  Among its provisions, the new law states: "Schools shall reduce the purchase of any products containing trans fats beginning September 1, 2007." New Mexico NM HM 87 (2007, enacted, signed by governor) - This House Memorial requests the environmental improvement board to join with the New Mexico restaurant association to study ways to identify the trans fat content in restaurant food and to convey this information to customers; and that the environmental improvement board be requested to develop workable guidelines for the restaurant industry on ridding foods of trans fat and on recommended limits of trans fat content. NM HB 1203 (2007, proposed) - Would have required restaurants to post calorie information, including the proportion of trans fat per serving for every standard menu item at the point of purchase on a menu or menu board, so that a diner could see it while or prior to ordering.   Would also have required restaurants to limit the use of a trans fat, including that in margarine and shortening, to one-half gram of trans fat per serving. New York NY AB 1192 (2007, proposed) - Would prohibit restaurants from selling food items containing trans fats; and require notice of calorie, fat and sodium content to the public in menus and/or menu boards. Oregon OR SB 987 (2007, proposed) - Would prohibits restaurants and mobile units from storing, using, preparing, distributing or offering food containing artificial trans fat, with specified exceptions. Would require restaurants and mobile units to maintain labels or documentation for food that contains fats, oils or shortening. Would establish a civil penalty for violations, not to exceed $1,000. Would apply to margarine, cooking oils and shortening on or after July 1, 2008, and to other food on or after January 1, 2009. Rhode Island RI SB 113, HB 5072 (2007, proposed) - Would restrict the use of artificial trans fat in foods prepared and/or served by food businesses and food service establishments. The proposed restrictions would take effect on July 1, 2007 with respect to cooking oils, shortening, and margarines containing artificial trans fat, and on July 1, 2008 with respect to all other foods containing artificial trans fat. South Carolina SC SB 301 (2007, proposed) - Would prohibit retail food establishments from preparing, serving or otherwise providing food containing trans fats and would require the department of health and environmental control to ascertain the use of trans fats when inspecting retail food establishments and would provide a civil fine for violations. Tennessee TN SB 154, TN HB 72 (2007, proposed) - Both bills would ban use of artificial trans fat by food service establishments. TN SB 1429 (2007, proposed) - Would ban foods containing artificial trans fat in school nutrition programs, except for foods being served directly to patrons in the manufacturer's original sealed package.  Would take effect on July 1, 2007, with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads; and on July 1, 2008 for oils or shortenings used for deep frying of yeast dough or cake batter, and all other foods containing artificial trans fat. Texas TX SB 34 (2007, proposed) - Would, among other nutrient content standards, prohibit schools from serving food items that contain excessive amounts of fat. Vermont VT SB 130 (2007, proposed) - Proposes to ban the use of artificial trans fat at food service establishments in Vermont beginning July 1, 2007. Virginia VA SB 1197 (2007, passed senate, left in house education committee) - Would have required the Supertindent of Public Instruction to develop guidelines to gradually eliminate foods containing trans fatty acids from public schools. Also of January 2007, legislation related to requiring restaurants to list the trans fat content of menu items and other nutritional information for foods served in chain restaurants has been proposed in at least 16 states and Puerto Rico since 2003, as listed below.

Proposed State Legislation for Menu Labeling for Trans Fat Information - 2003-2007

Connecticut (SB 686 - proposed 2007) - Would required chain restaurants with 10 or more locations nationally to list nutritional information for all standard menu items.  On printed menus, required information would include total number of calories, saturated fat, trans fat, carbohydrates, and sodium. 
(SB 168, HB 1579 - proposed 2005) - Would have required restaurants and other food establishments with 10 or more locations nationally to list nutritional information for all standard menu items.  On printed menus, required information would have included total number of calories, saturated fat plus trans fat, carbohydrates, and sodium. 

District of Columbia (B15-0387- proposed 2003; B-16-0495- proposed 2005) - Would have required restaurants, which are part of a chain having 10 or more locations nationally, to provide nutrition information for standard menu items as usually prepared and offered for sale.  On printed menus, required information would have included calories, saturated plus trans fat, carbohydrates, and sodium. 

Hawaii (HB 54 - proposed 2007) - Would require retail franchise restaurants to make nutritional information for foods items sold available to consumers in an easily accessible brochure, booklet or kiosk, including calories, saturated fat, trans fat, carbohydrates, sodium, protein and sugar.
(SB 1098, HB 1579 - proposed 2005) - Would have required a retail food establishment that is part of a franchise comprised of 10 or more establishments to list nutritional information for all standard menu items.  On printed menus, required information would include total number of calories, saturated fat plus trans fat, carbohydrates, and sodium. 

Illinois (HB 389 - proposed 2007) - Would require restaurants and similar retail food establishments with 10 or more locations nationally to list nutritional information for all standard menu items.  On printed menus, required information would include total number of calories, saturated fat plus trans fat, carbohydrates, and sodium. 
(HB 1297 - proposed 2007) - Would create the Trans Fat Disclosure Act that would provide that a restaurant or similar retail food establishment must mark any food containing 0.5 grams or more of trans fat with a label on its menu stating that the food contains trans fat. Would provide that this requirement applies only to restaurants and similar retail food establishments with $20 million or more in annual gross sales. Would requires the Department of Public Health to adopt rules to administer and enforce the Act.
(HB 249, SB 520 - proposed 2005) - Would have required restaurants and similar retail food establishments with 10 or more locations nationally to list nutritional information for all standard menu items.  On printed menus, required information would have included total number of calories, saturated fat plus trans fat, carbohydrates, and sodium. 

Massachusetts (H 2051 - proposed 2007) - Would impose fines for use of trans fatty acids in the preparation of foods to be sold at hotels or restaurant to guests or patrons thereof, without notifying same; and would require printed notices on all menus or signs listing menu items.
(S 160 - proposed 2004) - Would have required all restaurants, including take-out facilities and catering businesses serving food in Massachusetts to post in an easily visible location or otherwise make available upon request menu boards that display nutritional information on all food and beverage products sold for consumption either on the premise or as take-away items. Required information would have included total number of calories, grams of saturated fat plus trans fat, grams of carbohydrates, and milligrams of sodium. 

New Jersey - (S 2264 - proposed 2006-2007) - Would requires retail food establishments to list in a clear and conspicuous manner adjacent to each food or beverage item on a standard printed menu, the total number of calories, grams of saturated and trans fat, grams of carbohydrates and milligrams of sodium, per serving, as usually prepared and offered for sale. Would require restaurant menu boards or similar signage to list adjacent to each food or beverage item on the board or sign, the total number of calories per serving and restaurants to provide information about saturated and trans fat, carbohydrates and sodium content to a customer upon request.
(A3064 - proposed 2004) - Would have required retail food establishments with 20 or more locations in New Jersey to list nutritional information for all standard food and beverage items sold.  On printed menus, required information would have included total number of calories, saturated fat plus trans fat, carbohydrates, and sodium per serving.  On menu boards, the total number of calories per serving would be listed adjacent to each item, and information about saturated fat and trans fat, carbohydrates, and sodium would be made available to customers upon request.

New Mexico - (H 1203 - proposed 2007) - Would have required restaurants to post calorie information, including the proportion of trans fat per serving for every standard menu item at the point of purchase on a menu or menu board, so that a diner could see it while or prior to ordering.   Would also have required restaurants to limit the use of a trans fat, including that in margarine and shortening, to one-half gram of trans fat per serving.

New York - (AB 729 - (SB 3780, similar)- proposed 2007) - Would require certain restaurants and food establishments to post the caloric value, carbohydrate, fat, including saturated fat and trans fat, and sodium content per serving.

Maine (LD 110, proposed 2005) - Would have required any restaurant with 20 or more locations under the same name nationwide to display calorie information for all standard food and drink items sold on menu boards, menus, and packaging (wrappers and boxes used to deliver food to customers).  Calorie information would be printed in the same size, arrangement, and typeface as other menu information.  Establishments that do not have menus would have been required to display at least one menu board listing calorie information that could be read from 12 feet away.  The bill also instructed the Department of Human Services, Bureau of Health to adopt rules regarding display of nutrition information in all restaurants within the state.

New York (A 5664, S4551 - proposed 2005) - Would have required chain restaurants with 10 or more locations nationally and 5 or more locations in New York State to list nutrition information for all standard menu items.  On printed menus, required information would include total number of calories, saturated and trans fat, carbohydrates, and sodium per serving.  On menu boards, the total number of calories per serving would be listed adjacent to each item, and information about saturated fat and trans fat, carbohydrates, and sodium would be made available to customers upon request.

Ohio (HB423 - proposed 2005) - Would have required restaurants, which are part of a chain having 10 or more locations nationally and 5 or more locations in Ohio, to list calories, saturated fat,  trans fat, carbohydrates, and sodium on the menu or menu board for standard menu items as usually prepared and offered for sale. 

Oklahoma (SB 1309- proposed 2006) - The ‘Oklahoma Nutrition Information Act’ would have required chain restaurants having five or more locations within Oklahoma to provide nutrition information (calories, fat, carbohydrates, sodium, and protein) for all standard menu items in a printed form that the customer may keep.  Would also have required posting a sign on the premises advising that nutrition information concerning standard menu items is available upon request.  

Pennsylvania (HB 375 - proposed 2005) - Would have required food establishments associated with a chain of 20 or more locations nationally to provide nutrition information on menus similar to the categories of nutrition information provided on packaged foods sold in grocery stores. 

Puerto Rico (P. Del S. 2601- proposed 2004) - Would have required any national chain or franchise restaurant with one or more outlets operating in Puerto Rico or any local chain with 5 or more outlets to provide nutrition information, including calories, saturated fat plus trans fat, carbohydrates and sodium for food items listed on menus.

South Carolina (SB 109 - proposed 2007) - Would require retail food establishments that serve food containing trans fat or that use trans fat in food preparation to post a placard provided by the department of health and environmental control indicating the use of trans fat in foods. 
(SB 350 - proposed 2007) - Would require that any food that is cooked in or contains trans fat that that is sold at a retail food establishment possess a conspicuous warning, regarding the trans fat, on the food's outer packaging. For prepared food cooked in or containing trans fat, would require retail food establishments to place conspicuous warnings throughout the establishment regarding the trans fat.

Texas (SB 35 - proposed 2007) - Would require state agencies purchasing food for consumption in public cafeterias to give preference to contractors who provide foods of higher nutritional value and do not provide foods containing trans fatty acids.  
(HB 3153, proposed 2003) - Would have required chain restaurants to provide a pamphlet with information including total fat. 

Tennessee (HB 22, SB 40 - proposed 2007) - Would require restaurants to include on menus disclosure as to which foods contain trans fat and a general warning as to the health dangers of trans fat.

Vermont (H 477 - proposed 2007) - Proposes to require chain restaurants to post nutritional information for all food sold.
(H 327 - proposed 2005) - Would have required chain restaurants with 20 or more locations nationally to list nutrition information for all standard menu items.  On printed menus, this information would have included total number of calories, saturated fat, carbohydrates, and sodium per serving.  On menu boards, the total number of calories per serving would be listed adjacent to each item, and information about saturated fat and trans fat, carbohydrates, and sodium would be made available to customers in writing upon request.