Next for NYC Trans Fat Ban: Enforcement

Trans fat-free Extra Crispy fried chicken is seen in this file photo at a Kentucky Fried Chicken restaurant in New York in this Monday, Oct. 30, 2006 file photo. New York City's first-in-the-nation ban on artificial trans fats makes July of 2008 the deadline for completely phasing the artery-clogging substance out of restaurant kitchens. But before then city's health department is pledging "technical support" to cooks before the first part of the ban that takes effect next summer. (AP Photo/Kathy Willens, File) (Kathy Willens - AP)

NEW YORK -- City officials are promising to be gentle when it comes to enforcing the first-in-the-nation ban on trans fats, which restaurants will have more than a year to rid from their food.

But the food industry fears the ban _ approved last week _ will lead to hefty fines against kitchens that inadvertently fail to remove the artificial fats from every item on the menu.

Restaurant owners say the city has been increasingly tough in policing code violations in recent years, and some in the industry don't expect that will change.

"They feel that these people are out to whack these restaurants, and it's a cash cow for that purpose," said Richard Lipsky, of the Neighborhood Retail Alliance.

City officials strongly deny inspectors will start snooping through pantry shelves simply to run up fines. The health department is pledging "technical support" to cooks before the first part of the ban takes effect next summer.

"We want to help them comply," said Christina Chang, the chief of staff to Health Commissioner Thomas Frieden.

About one in five restaurants in New York, once famous for looking the other way on restaurant sanitation, now fails its annual inspection. Thousands of those that pass still pay fines for infractions such as mouse droppings, poor cooking temperatures and improperly covered light bulbs. Over the last two fiscal years, violators paid $37.6 million.

"It's possible to pass an inspection, and still be fined as much as $2,000 or more for minor violations," said Charles Hunt, executive vice president of the New York Restaurant Association.

Some of the city's best known kitchens have flunked inspections in the past three years, including top-rated French restaurants Bouley and Daniel, the celebrated dining room at the Four Seasons, Peter Luger steakhouse and the Carnegie Deli. All of those have since been given a passing grade.

The new trans fat rule bans food containing more than trace amounts of artificial trans fats. Another change requires about 2,000 fast-food joints to put calorie information on their menus.

Plans call for inspectors to begin enforcing the new rules next summer after an outreach campaign that will include the establishment of a help line staffed by experts who can offer tips to chefs trying to change the way they cook.

The health department is also contemplating training sessions for restaurant staff.