§ 17-192 Foods containing artificial trans fat.
AC § 17-192
a. Definitions. The following terms shall have the following meanings: 1. "Artificial trans fat" shall have the meaning as such term is defined in section 81.08 of the health code of the city of New York or any successor provision.
2."Food service establishment" shall have the meaning as such term is defined in section 81.03 of the health code of the city of New York or any successor provision.
3."Mobile food unit commissary" shall have the meaning as such term is defined in section 89.01 of the health code of the city of New York or any successor provision. b. Artificial trans fat restricted. No foods containing artificial trans fat shall be stored, distributed, held for service, used in preparation of any menu item or served by any food service establishment or by any mobile food unit commissary; provided that this subdivision shall not apply to food that is served directly to patrons in a manufacturer's original sealed package. c. Rules. The department may promulgate such rules as may be necessary to implement the provisions of this section. d. Labels required. Food service establishments and mobile food unit commissaries shall comply with the requirements set forth in subdivision (c) of section 81.08 of the health code of the city of New York regarding labeling for food products containing artificial trans fat. e. Penalties. Any food service establishment or mobile food unit commissary that violates any of the provisions of this section or any rule promulgated pursuant thereto by the department shall be liable for a civil penalty of $100. Where a food service establishment or mobile food unit commissary is found to have violated this section or any rule promulgated pursuant thereto by the department, the department shall commence a proceeding to recover any civil penalty authorized by this section by the service of a summons returnable to the office of administrative trials and hearings. f. Cure permitted. Any food service establishment or mobile food unit commissary that violates this section or any rules promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such establishment or commissary proves to the satisfaction of the department, within seven days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of this section or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination. (Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2007/012 and L.L. 2021/080.
