§ 6-507. Trans fats prohibited.

(a) "Food containing trans fat" defined.

(1) "Food containing trans fat" means, except as provided in paragraph (2) of this subsection, any food that:

(i) is labeled as containing vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil;

(ii) lists vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient; or

(iii) contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil.

(2) "Food containing trans fat" does not include food with a nutrition facts label or other documentation from the manufacturer that lists the food's trans fat content as less than 0.5 grams per serving.

(b) Prohibited use, etc.

(1) Except as provided in paragraph (2) of this subsection, food containing trans fat may not be stored, distributed, held for service, used in preparation of any menu item, or served in any food service facility.

(2) This subsection does not apply to food that is served directly to patrons in the original sealed package of the manufacturer.

(c) Labels; documentation.

(1)(i) Except as provided in subparagraph (ii) of this paragraph, a food service facility must maintain on site the original label for any food:

(A) that contains fats, oils, or shortenings;

(B) that is required by federal or state law to have a label when purchased by a food service facility; and

(C) that is stored, distributed, held for service, used in preparation of any menu items, or served by the food service facility.

(ii) The Health Commissioner may permit a food service facility to submit acceptable documentation from the manufacturer that indicates whether a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates a food's trans fat content.

(3) If a food contains fats, oils, or shortenings and is not required to be labeled when purchased, the food service facility must obtain and maintain documentation from the manufacturer that indicate whether the food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates the food's trans fat content.

(4) In the rules and regulations adopted under § 2-106 {"Rules and regulations"} of this article, the Commissioner may include rules or regulations that govern the documentation acceptable or required under paragraphs (i)(ii) and (2) of this subsection.