Miami-Dade Legislative Item
File Number: 070495
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File Number: 070495 File Type: Resolution Status: Adopted
Version: 0 Reference: R-326-07 Control: Board of County Commissioners
File Name: BAN OR REGULATE TRANS FATS IN RESTAURANTS Introduced: 2/16/2007
Requester: NONE Cost: Final Action: 3/8/2007
Agenda Date: 3/6/2007 Agenda Item Number: 11A20ALTERNATE
Notes: SEE ORIGINAL ITEM NO. 070251 Title: RESOLUTION DIRECTING THE COUNTY MANAGER TO STUDY THE CREATION OF A VOLUNTARY “MIAMI-DADE TRANS FAT FREE PROGRAM” AND A PROGRAM TO PROVIDE EDUCATION AND GUIDANCE TO RESTAURANTS, BAKERIES AND THE PUBLIC REGARDING THE NEGATIVE HEALTH EFFECTS OF TRANS FATS; URGING RESTAURANTS AND BAKERIES IN MIAMI-DADE COUNTY TO ELIMINATE VOLUNTARILY THE USE OF TRANS FATS IN THE FOODS THEY SERVE; URGING THE FLORIDA LEGISLATURE TO BAN OR REGULATE THE USE OF TRANS FATS AT RESTAURANTS AND BAKERIES [SEE ORIGINAL ITEM UNDER FILE NO. 070251]
Indexes: RESTAURANT
Sponsors: Dorrin Rolle, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/8/2007 11A20 ALTERNATE Adopted P
REPORT: In response to Chairman Barreiro’s inquiry regarding the Board’s authority to ban Trans fats, County Attorney Greenberg advised the Board could only establish policy for County facilities which included jails, Jackson Memorial Hospitals, etc. He further advised that the County had no authority over what restaurants and private facilities served. Commissioner Moss asked to be listed as a co-sponsor to the foregoing proposed resolution.

Board of County Commissioners 3/6/2007 11A20 ALTERNATE Carried over 3/8/2007

County Attorney 2/16/2007 Assigned Jess M. McCarty 2/16/2007

Budget and Finance Committee 2/13/2007 2Y Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Benitez read the foregoing resolution into the record. He noted Commissioner Rolle asked that this resolution be amended to delete the following language: “WHEREAS, trans fats are much more unhealthy than even naturally-occurring saturated fats such as those found in butter.” It was moved by Commissioner Sosa that this proposed resolution be forwarded with committee amendment(s) to delete the following language: “WHEREAS, trans fats are much more unhealthy than even naturally-occurring saturated fats such as those found in butter.” This motion was seconded by Commissioner Diaz. Commissioners Diaz, Sorenson, and Gimenez asked that they be listed as co-sponsors. Commissioner Diaz expressed concern that the public needed to be educated before the County banned trans fats. He suggested this resolution be amended to remove the word “ban” and use the word “regulate.” Chairman Martinez noted this proposed resolution was two fold and banning trans fats was part of urging the Florida Legislature. Commissioner Diaz said he thought the County should only regulate and give time to see the effect of voluntary removal of trans fats. Commissioner Souto said he would promote health awareness in County Parks and promote proper eating habits with Doctors and Nurses. He noted that everyone needed to monitor their eating habits. Commissioner Sosa suggested separating this proposed resolution into two resolutions: one for the County and one for the State. She said one message should be sent to the State and regulation should remain at the local level. Commissioner Sorenson noted that the County did not have jurisdiction to ban or regulate the use of trans fats at restaurants and bakeries. Following discussion, the committee decided to make no changes to this proposed resolution. Hearing no other questions or comments, the Committee proceeded to vote.

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MANAGER TO STUDY THE CREATION OF A VOLUNTARY “MIAMI-DADE TRANS FAT FREE PROGRAM” AND A PROGRAM TO PROVIDE EDUCATION AND GUIDANCE TO RESTAURANTS, BAKERIES AND THE PUBLIC REGARDING THE NEGATIVE HEALTH EFFECTS OF TRANS FATS; URGING RESTAURANTS AND BAKERIES IN MIAMI-DADE COUNTY TO ELIMINATE VOLUNTARILY THE USE OF TRANS FATS IN THE FOODS THEY SERVE; URGING THE FLORIDA LEGISLATURE TO BAN OR REGULATE THE USE OF TRANS FATS AT RESTAURANTS AND BAKERIES

BODY
WHEREAS, trans fats are chemically-engineered cooking oils that, at high levels of consumption, have been found to increase LDL (“bad”) cholesterol and decrease HDL (“good”) cholesterol; and
WHEREAS, trans fats are found in fried foods and baked goods, including French fries, doughnuts, pastries, pie crusts, biscuits, pizza dough, snack chips, cookies, crackers, stick margarines, and shortenings; and
WHEREAS, one Harvard cardiologist/epidemiologist calculated that up to 22 percent of heart attacks in the United States are the result of trans fat consumption; and
WHEREAS, trans fats harden artery walls, increasing blood pressure, and increase dangerous inflammation that can contribute to the onset of diabetes; and

WHEREAS, effective January 1, 2006, the Food and Drug Administration (FDA) required food companies to list trans fat content separately on the Nutrition Facts panel of all packaged foods, such as snack chips and cookies; and
WHEREAS, the FDA’s action has caused many food manufacturers, such as Frito-Lay, Pepperidge Farms, Country Crock, Lean Cuisine, and Kellogg’s, to reformulate their foods to be able to show 0g trans fat per serving; and
WHEREAS, the FDA regulation does not apply to restaurants, and many restaurants have lagged behind food manufacturers in their efforts to eliminate or reduce trans fats; and
WHEREAS, on December 5, 2006, New York City became the first city in the nation to ban artery-clogging artificial trans fats at restaurants; and
WHEREAS, other cities and counties around the nation are currently considering such legislation, including the Cities of Cleveland, Chicago and Louisville; and
WHEREAS, cities and counties in Florida are preempted from passing legislation banning trans fats at restaurants because the State of Florida currently has exclusive jurisdiction to regulate restaurants pursuant to Chapter 509, Florida Statutes; and
WHEREAS, the use of trans fats could only be banned or regulated by the Florida Legislature under existing law; and
WHEREAS, State Representative Joseph A. “Joe” Gibbons of Pembroke Park, Florida, has filed HB 309 for the 2007 state legislative session, that would require restaurants that serve foods containing trans fats to post a sign in a conspicuous place that states as follows:
Some foods served here contain trans fats. Eating foods with trans fats can increase your risk of stroke and heart attack; and
WHEREAS, the American Heart Association supports regulatory efforts to reduce trans fats in packaged foods, baked goods and restaurant meals, but encourages a comprehensive “phased-in approach” to eliminating the use of trans fats, which ensures that a sufficient supply of healthier alternative cooking oils and shortenings are available to restaurants and bakeries to prevent the substitution of unhealthy alternatives; and
WHEREAS, eliminating or reducing the consumption of artificial trans fats has the promise of substantially improving the public health, and correspondingly reducing health care costs,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the County Manager to study the creation of a voluntary “Miami-Dade Trans Fat Free Program” that would allow restaurants and bakeries in Miami-Dade County to prominently display a sticker or sign indicating that they voluntarily have agreed not to use trans fats in the foods they serve; and to report back to this Board within sixty (60) days.
Section 2. Directs the County Manager to study the creation of an informational program to provide education and guidance to restaurants, bakeries and the public in Miami-Dade County, and in particular small “mom and pop” restaurants and bakeries, regarding the negative health effects of trans fats, and the availability of alternative oils and fats that can meet the frying and baking needs in their establishments; and to report back to this Board within sixty (60) days.
Section 3. Urges restaurants and bakeries in Miami-Dade County voluntarily to eliminate the use of trans fats and replace trans fats with more healthy cooking oils in the foods they serve.

Section 4. Urges the Florida Legislature to ban or regulate the use of trans fats at restaurants and bakeries through a comprehensive and phased-in strategy that ensures that a sufficient supply of healthier alternative cooking oils are available to restaurants and bakeries to avoid the substitution of unhealthy alternatives.
Section 5. Supports the passage of HB 309 or similar legislation that requires restaurants and bakeries to disclose that they are using trans fats in the foods they serve.
Section 6. Urges the Florida Department of Business and Professional Regulation, which has regulatory oversight over restaurants in Florida, and the Florida Department of Health to undertake meaningful regulatory and educational measures that will reduce or eliminate the use of trans fats in Florida restaurants and the consumption of trans fats by Floridians.
Section 7. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade County State Legislative Delegation, Representative Joseph A. “Joe” Gibbons, the Secretary of the Florida Department of Business and Professional Regulation, the Secretary of the Florida Department of Health, and the Florida Restaurant Association.
Section 8. Directs the County's state lobbyists to advocate for the passage of the legislation set forth in Sections 4, 5 and 6 above, and directs the Office of Intergovernmental Affairs to include this item in the 2007 State Legislative Package.



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