October 30, 2006
Contact: Sue Hensley 202-331-5964, Chrissy Shott 202-331-5902

Good morning. My name is Sheila Weiss. I am a Registered Dietitian, and the Director of Nutrition Policy at the National Restaurant Association.

I would like to thank the New York City Department of Health and Mental Hygiene for this opportunity to testify before you regarding the Notice of Intention to add 81.08 to Article 81 of the Health Code.

Founded in 1919, the National Restaurant Association is the leading business association for the restaurant industry. Together with the National Restaurant Association Educational Foundation, the Association's mission is to represent, educate and promote an industry that is comprised of over 925,000 restaurant and foodservice outlets employing more than 12.5 million people, making us the largest private sector employer in the country. As such, diversity, customer service and high quality foods are top priorities for the ever-growing restaurant industry. Many Association members operate within the City, and the concerns reflected in this comment apply to all restaurant operators. The diversity of our membership and the substantial impact of the Proposal prompts every segment of our broad industry to urge that the Proposal be permanently withdrawn.

The National Restaurant Association and the nation's 925,000 restaurant-and-foodservice locations have long been committed to promoting nutrition and healthy lifestyles. In the early 70s and 80s there was a dramatic shift away from saturated fats in response to the scientific community and consumer concerns about cardiovascular disease. In our haste to move away from saturates, industry replaced one fat with another. We must learn from history. We must break the cycle. In our hurry to replace trans, we must ensure that we are not simply returning to the palm oils and other saturates, but find healthier, sustainable alternatives. The restaurant industry is a hospitality industry, and as such, we work to meet the needs and desires of our customers every day. Over the years, our society has received a great deal of information on a large number of health issues. Whether it was low fat, fat free, low carb, high fiber, low sugar, our nation’s restaurants have created hundreds of menu items to meet the growing needs of our customers. Menu items and product formulations continue to change and evolve with current science.

Our industry has made great strides in reducing and eliminating artificial trans fat from their menu items. Research is ongoing and these changes will continue to take place. The food industry - including restaurants - continues to work on product formulations to reduce trans fat levels in food items. At this time, however, we believe that it is not appropriate to require a ban on trans fats served in our restaurants.

Banning artificial trans fat in the city of New York will not accomplish the stated goals of the City Health officials. This proposal takes a very narrow approach to a much larger health issue. It does not propose a meaningful solution, and may prove to be misleading to both restaurants and consumers. The City of New York should focus on the larger health picture at hand and work to educate its citizens and business communities on the important aspects of leading a healthy lifestyle.

The restaurant industry’s objective has always been to provide a wide variety of food options to accommodate the needs of diverse consumers. Americans must be informed over and over again that all foods can be part of a healthy lifestyle and a balanced diet. It is important that the New York City Health Department examines its role and responsibilities in addressing the public health problem of obesity, with the understanding that our diverse population needs recommendations that are clear and relevant to modern life. Consistent positive messages that promote healthier thinking and lifestyles will always be more successful.

The public needs more education to understand key concepts about diet and the role of specific fats. Guidelines from nutrition professionals include the concepts of moderation and balancing food choices. Premature requirements may do more to misinform consumers and have a potentially adverse impact on products that bear claims or brand names based on the level of saturated fat. The proposed ban can lead to the very kind of confusion that nutrition education and guidelines are meant to prevent.

The Dietary Guidelines for Americans 2005 makes the following statements regarding trans fatty acids and food sources of trans fat: “…Focus on reducing trans, saturated fatty acids and cholesterol.” The message is clear.

Prematurely making switches in product formulation can lead to unintended consequences. It is often the case that when a manufacturer aims to reduce the amount of trans fat in a product, the amount of saturated fat increases. Health officials consistently warn that consumers should avoid increasing their intake of saturated fat in an effort to minimize trans fat. The two kinds of fats must be considered together.

The case of Denmark’s removal of artificial trans fat by limiting industrially produced trans fat content in food to 2% of total calories from fat is cited in this proposal. We don’t believe the solution for New York City is to follow Denmark’s lead where foodservice companies have simply substituted palm oil for partially hydrogenated vegetable oils. We believe that it is important that we find better, longer-term solutions and ensure that we are all fully informed about the science behind them.

Many of our nation’s restaurants have been successful in switching to trans fat free oils. Others are still exploring trans fat alternatives, but this is not a switch that can happen immediately. Many of these restaurants have been doing a great deal of testing with their frying oils. It becomes a matter of taste, quality, and shelf life. Customers’ acceptance of a new product is very important. Taste matters, and these restaurants need to ensure that they can maintain the taste and quality of their products.

One major issue that some restaurants are facing is that of the supply of trans fat free oils. There simply is not currently enough oil available for some restaurant chains. It will be a matter of years before the crop supply is adequate to produce enough trans fat free oils for some restaurant chains.

We are committed to providing nutritious food choices to our customers. To this end, we have taken substantive steps to encourage the expansion of menus to offer a variety of options. Restaurants have risen to the growing demands of consumers, including great demand for more nutritious foods, fresh ingredients, and fusion of flavors. We look forward to working with our members and state partners in the future towards our common goal of educating consumers and making nutritious and wholesome food choices available.

Thank you again for this opportunity.