§81.08. Foods containing artificial trans fat.

1. Artificial trans fat restricted. No foods containing artificial trans fat, as defined in this

section, shall be stored, distributed, held for service, used in preparation of any menu item or

served in any food service establishment or by any mobile food unit commissary, as defined in

§89.01 of this Code or successor provision, except food that is being served directly to patrons in

a manufacturer's original sealed package.

2. Definition. For the purposes of this section, 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.

3. Labels required. (1) Original labels. Food service establishments and mobile food unit

commissaries shall maintain on site the original labels for all food products:

4. that are, or that contain, fats, oils or shortenings, and

(ii) that are, when purchased by such food service establishments or mobile food unit

commissaries, required by applicable federal and state law to have labels, and

(iii) that are currently being stored, distributed, held for service, used in preparation of any

menu items, or served by the food service establishment, or by the mobile food unit commissary.

(2) Documentation instead of labels. Documentation acceptable to the Department, from the

manufacturers of such food products, indicating whether the food products contain vegetable

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shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat

content, may be maintained instead of original labels.

(3) Documentation required when food products are not labeled. If baked goods, or other food

products restricted pursuant to subdivision (a) of this section, that are or that contain fats, oils or

shortenings, are not required to be labeled when purchased, food service establishments and

mobile food commissaries 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.