Industry balks at ban on trans fat

A proposal by two Portsmouth legislators to ban the use of artificial trans fats in prepared foods sold in New Hampshire is bringing front-burner attention to healthy eating and how to promote it.

The ban, proposed in a bill filed by Democratic state Representatives Paul McEachern and Jim Splaine, would apply to dishes served in restaurants and to prepared foods dispensed by grocery stores in their deli or bakery sections.

"We talk about obesity as a national epidemic leading to diabetes and all the other health costs. One of the big reasons is our dietary habits," said McEachern. "This is something that will have a measurable effect and it doesn't cost money."

But the proposed ban is strongly opposed by industry groups representing restaurants and grocery stores.

Michelline Dufort, president of the 900-member New Hampshire Lodging and Restaurant Association, said restaurants should be able to "make their own decisions" when it comes to food preparation. She said many on their own have made the switch from trans fats.

"The restaurant industry responds to trends," she said.

According to the US Food and Drug Administration's website, artificial trans fat is formed when hydrogen is added to vegetable oil. Manufacturers use the process, known as hydrogenation, to boost the shelf life of foods that contain the fats, which include baked and fried foods. Some trans fat is also created naturally.

Trans fats raise levels of so-called "bad" cholesterol, which can increase risk for coronary heart disease, the FDA said.

New York City approved a phased-in ban in December on restaurant use of trans fats. Other major cities, including Chicago, are considering similar bans. In addition to New Hampshire, a number of other states, including Massachusetts, have pending bills that provide for bans.

The New Hampshire proposal is before a subcommittee of the House Commerce Committee, where its fate is uncertain. At a March 13 workshop, the subcommittee is set to consider an amendment that would replace the ban with a requirement that the state Board of Education adopt a policy governing the use of trans fats and saturated foods prepared for pupils in public schools, according to state Representative Stephen Spratt, who sits on the panel.

"We are trying to come up with a position that strikes at the heart of where people have no say" in how their foods are prepared, said Spratt, a Greenville Democrat.

Unlike grocery shoppers, "children don't have the ability to pick and choose what is being served to them."

Spratt said the subcommittee is wary of the potential problems that could result from implementing a ban, such as a surge in use of other unhealthy oils.

He said there are also indications that industry on its own is reducing trans fat use.

Splaine and McEachern are not troubled by the prospect of such changes to their bill, saying that even without a ban, they will have succeeded in raising the profile of an important health issue.

"With the publicity surrounding this, people will realize that, 'Maybe we are better off going to a restaurant that doesn't use trans fats,' " McEachern said.

"If you don't start the discussion . . . then we don't get anywhere," said Splaine, who has teamed with McEachern on other bills over the years.

While realistic about the prospects of a ban, Splaine still feels it would be justified.

"We are allowing restaurants to be able to use this product, we are allowing food manufacturers to be able to use this product which health officials say is a health hazard," he said of trans fats. "Why do we do that?"

The idea of a trans fat ban does not sit well with Nora Hamilton, head chef at Le Bec Rouge restaurant in Hampton. Hamilton uses trans fat-free canola oil. But she said of a ban, "It's government trying to watch us a little more than they should be."

Jason Lyon, CEO of the Common Man Family of Restaurants, which owns 13 restaurants across the state, said his company last June switched from an oil that used trans fat to canola oil.

But like Hamilton, he believes such decisions should be left to the individual company.

But Dimitrios Pesiridis, owner of Gepettos Pizza in Newmarket, believes prohibiting oils with trans fats is a good idea, as long as restaurants are able to purchase healthier oils at a reasonable price.

"If oil is available and it's good for health, why wouldn't I support it? It makes sense," he said.

The New Hampshire Grocers Association opposes a ban, according to John M. Dumais, the group's president and CEO.

The association's initial concern was that the ban would include packaged goods made with trans fats.

Dumais said that could result in " elimination of quite a few items on our store shelves."

He said McEachern and Splaine have reassured him the intent is to confine the ban to prepared goods.

He said his group is still concerned, however, that there might not be sufficient alternative oil products available to replace those with trans fats.

But McEachern believes that if there is a need for alternative oils, "The market place is going to take care of it."

The McEachern-Splaine bill has also run into what might seem an unlikely opponent -- the American Heart Association.

Nancy Pederzini, the organization's advocacy director in New Hampshire, said the association "in general is supportive of regulation at the state level on issues such as trans fat."

But she said it is concerned that the New Hampshire bill, whose effective date is Jan. 1, 2008, does not provide adequate time to educate restaurant owners about preparing foods without trans fats, or to ensure an adequate supply of healthier oils.