Despite concerns by the American Heart Association and the food industry, the New York City Board of Health voted to make it the first city in the nation to ban trans fats at restaurants -- from the corner deli to high-end bakeries. Restaurants will be barred from using most frying oils containing artificial trans fats by July 1, and will have to eliminate the trans fats from all of its foods by July 1, 2008.

The food industry fears the ban will lead to significant fines against kitchens that fail to remove the artificial fats from every item on the menu. Inspectors will start citing restaurants for violations in July, with penalties ranging from $200 to $2,000 per offense.

The American Heart Association (AHA), concerned that the ban of trans fat in New York restaurants in its current form will do more harm than good, stated “We are concerned that there is the potential for unintended and adverse consequences, such as restaurants returning to the use of oils high in saturated or animal-based fat if healthier oils are in short supply. Despite everyone’s best intentions, this proposal has the potential to divide the community which should be partnering in this important fight against cardiovascular disease.”

Would such a ban be proposed in our state? The Oregon Restaurant Association has serious concerns about a municipal government banning any product or ingredient the Food and Drug Administration has already approved and the Oregon Health department has not taken action against.

“Restaurants have been—and should be—partners in the campaign to reduce trans fat consumption,” said Michael R. McCallum, ORA President/CEO. “It takes time to develop, plant, grow, harvest and process new alternative crops and to test new oils. Where trans fats are banned, alternatives will be in short supply. These bans are well intended, but the lack of supply means consumers will have the choice of healthily alternatives in select restaurants at an increased price, or unhealthily alternatives for the remaining restaurants at a lower price.”

The new rule bans food containing more than trace amounts of artificial trans fats. Small amounts of trans fatty acids occur naturally in a variety of animal products, but New York's ban only applies to the artificial variety, most commonly listed on food labels as partially hydrogenated vegetable oil.