This is a bad week for consumer freedom in my native Texas (where, incidentally, I enjoyed two chicken fried steaks, barbecue lunches, a Tex-Mex feast, several bottles of Shiner, and Dublin Dr Pepper this weekend). The statewide smoking ban looks very close to passing and the Senate is considering a bill to ban trans fats from restaurants. The AP lists the exceptions included in the latter bill:
But, fearing a backlash from the sweet tooth lobby, the lawmakers provided an exemption for trans fats used to make cakes, pies and other bakery items.
“The icing exemption,” is what Democratic Sen. Eliot Shapleigh called the loophole, explaining that cake icing doesn’t stay put without the hydrogen pumped into the oil - the very process that makes trans fats unhealthy.
Other exemptions were provided for food served by grocery stores, fire departments and certain caterers, and the ban would be slowly phased in. Initially, it would impact only chain establishments. It would apply to all Texas restaurants by late 2011.
Another loophole - for nonprofit organizations - was inserted in part to ensure that corn dogs and other fried goodies served at rodeos and state fairs could still be cooked with trans fat.
And, of course, consumers could still by entire tubs of shortening at the grocery store if they’re in the mood. All of which shows the absurdity of this ban. If trans fats are a dangerous toxin, they shouldn’t be allowed at state fairs or catering events. But they’re not toxins. They’re just another food ingredient, and there’s no justification for forbidding restaurant chefs to use them when they’re readily available elsewhere.
If the Texas legislature insists on doing something about trans fats, it should follow the lead of San Francisco. The city allowed restaurants to apply for seals certifying them to be trans fat free, thus preserving choice and giving consumers the information they might wish to know. Unfortunately, that sensible idea was made irrelevant by California’s statewide ban.
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Mary Cheh, the DC councilwoman who wants mandatory letter grades outside of restaurants, also introduced a bill to ban trans-fats from the city’s restaurants because DC has an inferiority complex about New York City and California to save lives. This is dumb, obviously, but it’s an occasion to bring up San Francisco’s surprisingly more sensible approach (made irrelevant by California’s coming statewide ban):
[...] restaurant owners who prove they serve nothing containing trans fats will get bragging rights in the form of a decal with a green heart emblazoned with a silhouette of the Golden Gate Bridge and the words “Trans Fat Free San Francisco Restaurant.”
The sticker - which is so attractive it’s worthy of framing, according to one public health official - will cost restaurant owners $250 and time spent documenting every ingredient they serve. Or, they can pay the inspector $150 an hour (time-and-a-half after hours and on weekends) to document everything in the kitchen for them.
That tells customers what they might want to know, preserves choice, and brings in some revenue for the city. Unfortunately, it doesn’t give city councilors that electric thrill of banning something they disapprove of, so I doubt a proposal like that would pass in DC.
Also, the “suitable for framing” line quoted above confirms my contention that food regulators have no sense of aesthetics.
Paul Roberts and I debated food bans in the LA Times last summer.
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The California state legislature has passed a bill to ban trans fats in restaurants throughout the state, which is both unsurprising and stupid. Here’s the only interesting part:
The bill also allows local governments to create trans fat ordinances, such as San Francisco’s voluntary plan under which restaurants that pass a $250 inspection will be awarded a decal indicating that they are trans fat free. The city’s law takes effect this month.
Whether publicly or privately administered, a certification plan like that would be a better way to help concerned consumers avoid trans fats.Why not give the idea a try before coercing every restaurant in the state to change their menus?
Paul Roberts and I discussed trans fats in The Los Angeles Times last month.
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In our final installment, Paul advocates the death penalty for cooks who serve trans fats, while I … no, just kidding, we both favor education over regulation. Check it out here, and thanks to Paul and the L.A. Times for bringing this discussion together.
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Jacob Grier is a freelance writer, barista, mixologist, and magician in Portland, OR. He writes, eats, and drinks a lot. His articles have appeared in The Washington Post, Reason Online, The Oregonian, and other publications.
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