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Legal Notice
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Legal Notice
On Wednesday, July 29, 2009 at 9:30 a.m. the Suffolk County Board of Health will hold a public hearing to discuss proposed changes to Suffolk County Sanitary Code Article 13, “General Food Regulations.” The specific sections to be discussed are Section 760-1330.2 and Section 760-1315. The hearing will be held at the Media Room of the H. Lee Dennison Building, Veterans Memorial Highway, Hauppauge, NY 11788.
Anyone wishing further information may contact Richard Meyer, Secretary to the Board of Health at 631-853-3170. Written comments may be addressed to the Suffolk County Board of Health, 225 Rabro Drive East, Hauppauge, NY 11788, Attention: R. Meyer.
Below is a copy of the new wording for the Sanitary Code and related standards.
Existing Code section:
760-1330.2 - Food should be properly labeled or otherwise identifiable.
New Standard:
Standards of the Suffolk County Department of Health Services for the Administration of Section 760-1330 “Food Protection; General Provisions”, Subsection 760-1330.2 of Article 13 of the Suffolk County Sanitary Code.
2. Caloric Content
Definitions
Chain restaurant shall mean a food service establishment within the County of Suffolk that is one of a group of 15 or more food service establishments doing business nationally, offering for sale substantially the same menu items, in servings that are standardized for portion size and content, that operate under common ownership or control, or as franchised outlets of a parent business, or do business under the same name.
Menu shall mean a printed list or pictorial display of a food item or items, and their price(s) that are available for sale from a chain restaurant and shall include menus distributed or provided outside of the establishment.
Menu board shall mean any list or pictorial display of a food item or items and their price(s) posted in and visible within a chain restaurant or outside of a chain restaurant for the purpose of ordering from a drive-through window.
Menu items shall mean any individual food item, or combination of food items, listed or displayed on a menu board or menu that is/are sold by a chain restaurant.
Food item tag shall mean a label or tag that identifies any food item displayed for sale at a chain restaurant.
B. Scope and Applicability.
This section shall apply to menu items that are served in portions the size and content of which are standardized at a chain restaurant. This section shall not apply to menu items that are listed on a menu board for less than 30 days in a calendar year.
C. Posting Calorie Information.
All menu boards and menus in any chain restaurant shall bear the total number of calories derived from any source for each menu item they list. Such information shall be listed clearly and conspicuously, adjacent or in close proximity such as to be clearly associated with the menu item, using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the menu item.
Calorie content values (in kcal) required by this section shall be based upon a verifiable analysis of the menu item, which may include the use of nutrient databases, laboratory testing, or other reliable methods of analysis, and shall be rounded to the nearest 10 calories for calorie content values above 50 calories and to the nearest 5 calories for calorie content values 50 calories and below.
When a food item is displayed for sale with a food item tag, such food item tag shall include the calorie content value for that food item in a font size and format at least as prominent as the font size of the name of the food item.
Range of calorie content values for different flavors, varieties and combinations.
For menu items offered in different flavors and varieties, including, but not limited to, beverages, ice cream, pizza, and doughnuts, the range of calorie content values showing the minimum to maximum numbers of calories for all flavors and varieties of that item shall be listed on the menu boards and menus for each size offered for sale, provided however that the range need not be displayed if calorie content information is included on the food item tag identifying each flavor or variety of the food item displayed for sale.
For combinations of different food items listed or pictured as a single menu item, the range of calorie content values showing the minimum to maximum numbers of calories for all combinations of that menu item shall be listed on menu boards and menus. If there is only one possible calorie total for the combination, then that total shall be listed on the menu boards and menus.
D. This standard shall take effect one year from the date approval.
New Article 13 subsection:
Subsection 760-1315.g. No foods containing artificial trans fat shall be stored, distributed, held for service, used in preparation of any menu item or served in any food service establishment, except food that is being served directly to patrons in a manufacturer’s original sealed package.
New standard:
Standards of the Suffolk County Department of Health Services for the Administration of Section 760-1315 “Food Supplies: General”, Subsection 760-1315.g of Article 13 of the Suffolk County Sanitary Code
No foods containing artificial trans fat shall be stored, distributed, held for service, used in preparation of any menu item or served in any food service establishment, except food that is being served directly to patrons in a manufacturer’s original sealed package.
A food shall be deemed to contain 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. However, a food 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, shall not be deemed to contain artificial trans fat.
Labels required.
(1) Food service establishments shall maintain on site the original labels for all food products:
that contain, fats, oils or shortenings, and
that are, when purchased by food service establishments, required by applicable federal and state law to have labels, and
that are currently being stored, distributed, held for service, used in preparation of any menu items, or served by the food service establishment.
(2) 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.
(3) If baked goods, or other food products restricted pursuant to subdivision (A) of this section, that contain fats, oils or shortenings, are not required to be labeled when purchased, food service establishments shall obtain and maintain documentation acceptable to the Department, from the manufacturers of the food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content.
D. This standard shall take effect one year from the date of approval with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads; except that the effective date of this section with regard to oils or shortenings used for deep frying of yeast or cake batter, and all other foods containing artificial trans fat, shall take effect 2 years from the date of approval.
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