Prescribed health impediment

2  For the purposes of section 22 of the Act, trans fat in foods intended for human consumption is prescribed as a health impediment.

Trans fat limits in food service establishments

3   (1) In this section:

"food" means food

(a) located on the premises of, or prepared, served or offered for sale in, a food service establishment, other than food that is

(i) required under the Food and Drugs Act (Canada) to be labeled with a nutrition facts table, or

(ii) not intended for public consumption, or

(b) used on the premises of a food service establishment as an ingredient in the preparation of a food or beverage served or offered for sale in the food service establishment;

"food service establishment" means a food service establishment regulated under the Food Premises Regulation, B.C. Reg. 210/99, other than a community care facility to which section 20 of the Community Care and Assisted Living Act applies;

"nutrition facts table" has the same meaning as in the Food and Drug Regulations, C.R.C., c. 870, s. B.01.001, made under the Food and Drugs Act (Canada);

"operator" has the same meaning as in the Food Premises Regulation, B.C. Reg. 210/99.

(2) Food is deemed to contain trans fat if

(a) under the heading "Fat" on the nutrition facts table with which the food is labeled, it is indicated that the food contains more than 0 grams of trans fat, or

(b) an ingredient of the food is partially hydrogenated

(i) vegetable shortening,

(ii) margarine, or

(iii) vegetable oil.

(3) Subject to subsection (4), an operator of a food service establishment must ensure that the trans fat content of food is,

(a) in the case of a partially hydrogenated vegetable oil or soft, spreadable partially hydrogenated margarine, 2% or less of the total fat content of the oil or margarine, and

(b) in any other case, 5% or less of the total fat content of the food.

(4) The limit set out in subsection (3) (b) does not apply in respect of a food in which the trans fat comes from dairy products or ruminant meat only.

(5) An operator of a food service establishment must have on the premises of the food establishment, and provide to a health officer on request,

(a) the original labels of all food required by law to be labeled, including

(i) the nutrition facts table, or

(ii) if there is no nutrition facts table, a list of food ingredients, or

(b) if food is not required by law to be labeled, food product documentation from the manufacturer indicating whether the food contains trans fat or any partially hydrogenated vegetable shortening, margarine or vegetable oils.

Offence

4   A person commits an offence if the person

(a) exceeds the trans fat content limits set out in section 3 (3), or

(b) fails to provide documents or information in accordance with section 3 (5).

[en. B.C. Reg. 207/2010, s. 4.]