An Act Regarding Trans Fat
Maine Legislature, Session 124, LD 0916
Committee: Health and Human Services
Sponsors: WEBSTER, MILLS, CAIN, CAMPBELL, MILLER, PERRY, PINGREE, BRANNIGAN
Amends: 22 MRSA §2152, 22 MRSA §2155-A

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 916 
H.P.634 
House of Representatives, March 9, 2009 
An Act Regarding Trans Fat 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative WEBSTER of Freeport. 
Cosponsored by Senator MILLS of Somerset and 
~77l~ 1/1. 7Ilt2i:~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, CAMPBELL of Newfield, CONNOR ofIZennebunk, 
MILLER of Somerville, PERRY of Calais, Speaker PINGREE of North Haven, Senator: 
BRANNIGAN of Cumberland. 
Primed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRS A §2152, sub-§2-A is enacted to read: 
2-A. lEating establishment. "Eating establishment" means any place where food or 
drink is prepared and served, or served to the public for consumption on the premises, or 
catering establishments, or establishments dispensing food from vending machines, or 
establishments preparing foods for vending machines dispensing foods other than in 
original sealed packages, such as hotels, motels, boarding homes, restaurants, mobile 
eating places, coffee shops, cafeterias, shOlt order cafes, luncheonettes, grills, tearooms, 
sandwich shops, soda fountains, bars, cocktail lounges, night clubs, roadside stands, 
industrial feeding establishments, private or public institutions routinely serving foods, 
retail frozen dairy product establishments, airports, parks, theaters, vacation camps or any 
other catering or nonalcoholic drinking establishments or operations where food is 
prepared and served or served for consumption on the premises, or catering 
establishments where food is prepared, or where foods are prepared for vending machines 
dispensing food other than in original sealed packages. 
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Sec. 2. 22 MRS A §2152, sub-§4-A, ~A, as enacted by PL 1995, c. 331, §1, is 
amended to read: 
A. 
Eating establishments, as defined in section 2491, subsection 7; 
Sec. 3. 22 MRSA §2152, sub-§4-C is enacted to read: 
4-C. Food containing artificial trans fat. "Food containing artificial trans fat" 
means a food that is labeled as, lists as an ingredient or contains vegetable shortening, 
margarine or any kind of partially hydrogenated vegetable oil. "Food containing artificial 
trans fat" does not include 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. 
Sec. 4. 22 MRSA §2155-A, sub-§l, ~Q, as enacted by PL 2003, c. 452, Pt. K, 
§ 13 and affected by Pt. X, §2, is amended to read: 
Q. 
Forge, counterfeit, simulate or falsely represent or without proper authority use 
any mark, stamp, tag, label or other identification device authorized or required by 
rules adopted under this subchapter; ef 
Sec. 5. 22 MRSA §2155-A, sub-§l, ~, as enacted by PL 2003, c. 452, Pt. K, 
§ 13 and affected by Pt. X, §2, is amended to read: 
R. 
Violate paragraph Q after having previously violated this subsection-;-; or 
Sec. 6. 22 MRSA §2155-A, sub-§l, €jfS is enacted to read: 
S. Store, distribute, hold for service or use in the preparation of any menu item or 
serve in any eating establishment a food containing artificial trans fat. 
Sec. 7. 22 MRS A §2155-A, sub-§2, €jfA, as enacted by PL 2003, c. 452, Pt. K, 
§13 and affected by Pt. X, §2, is amended to read: 
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A. Except as otherwise provided in tIns subsection, a person who violates subsection 
1, paragraph A, C, E, G, I, K, M, 0 6f~ Q or S commits a civil violation for whlch a 
fine of not more than $1,000 may be adjudged. 
Sec. 8. 22 MRS A §2157-A is enacted to read: 
§2157-A. Labeling and documentation; food containing artificial trans fat 
1. Labels. Except as provided in subsections 2 and 3, the owner or manager of an 
eating establishment shall maintain on site the original labels for all food products that: 
A. Are, or that contain, fats, oils or shortenings; 
B. When purchased by an eating establislunent, are required by applicable federal 
and state law to have labels; and 
C. Are being stored, distributed, held for service, used in preparation of any menu 
items or served by the eating establislunent. 
2. 
Documentation instead of labels. 
Documentation from a manufacturer 
indicating whether a food product described in subsection 1 is or contains vegetable 
shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating 
artificial trans fat content, may be maintained instead of an original label. 
3. 
Documentation required when food products are not labeled. 
For food 
products described under subsection 1, paragraphs A and C that are not required to be 
labeled under state or federal law, the owner or manager of an eating establislunent shall 
obtain and maintain documentation from the manufacturers of the food products 
indicating whether the food products are foods containing artificial trans fat. 
4. Rulemaldng. The cOlmnissioner shall adopt rules to specify the documentation 
necessary to comply with subsections 2 and 3. The cOmnllssioner may adopt other rules 
necessary to implement thls section. Rules adopted under thls subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
5. Enforcement. The corrunissioner shall enforce the provisions of thls section. An 
employee of the Department of Health and Human Services authorized to enter and 
inspect an eating establislunent for purposes of inspection under section 2497 may 
enforce thls section and rules adopted under subsection 4 under a memorandum of 
agreement between the cOmnllssioner and the COmnllssioner of Health and Human 
Services. 
6. Penalty. The owner or manager of an eating establislunent who fails to comply 
with thls section or rules adopted under thls section COmnllts a civil violation for whlch a 
fine of not less than $25 and not more than $1,000 may be imposed. 
Sec. 9. Effective date. Thls Act takes effect July 1,2010. 
SUMMAR.Y 
This bill defines "food containing artificial trans fat" and prohibits the storage, 
distribution or use of these foods in an eating establishment. It requires the owner or 
manager of an eating establishment to maintain labels or provide documentation to 
facilitate enforcement of the prohibition. 
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