The New York Times-20080127-Does That Trans-Fat Ban Grease a Slippery Slope-

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Does That Trans-Fat Ban Grease a Slippery Slope?

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WESTCHESTER COUNTY government works hard to protect us, issuing warnings for every season of our lives. If it's not how to use space heaters safely in the winter, it's about potentially dangerous birdbaths in the summer. (The stagnant water may attract mosquitoes, which might breed West Nile disease.)

It's easy to make fun of these dispatches, but then again, neither electrical fires (frayed or cracked cords) nor debilitating illnesses (those bugs) are laughing matters. The question is, how much is too much? At what point is the county reasonably promoting our health and safety, and when does it turn into a nanny state, treating adults like children and interfering with our rights to live our lives as stupidly as we choose?

The latest salvo in the battle is the county's recent ban on the use of cooking oils containing trans fat. On Jan. 15, Health Department inspectors began checking food service establishments for the now-illegal oils. After a 90-day grace period, restaurants -- as well as cafeterias, nursing homes, even food carts, if they are licensed by the county -- will be subject to fines if they break the new law.

No one can rationally argue that trans fats are desirable. This is the stuff created by partial hydrogenation, which turns liquid oil into a solid fat. Trans fats are used as a substitute for saturated fats in baked goods, because they can add creaminess and shelf life to commercial products. They are also used in fried foods, salad dressing, margarine and other foods.

Trans fats are directly linked to heart disease; they raise levels of a particularly unhealthy form of cholesterol. The county health commissioner, Dr. Joshua Lipsman, likens what trans fat does to the body to what bacon grease does to a kitchen sink. The stiffer and harder the fats become, the more they clog the arteries. Dr. Lipsman estimates that once the ban is in effect, there will be 50 to 100 fewer deaths in Westchester each year.

Local chefs are not standing up to defend this artery-clogging fat. But what some of them are worried about, they say, is the slippery slope of government regulation of their business. The county Board of Legislators is considering a bill that would require chain restaurants to post the calorie content of menu items prominently. Both the trans-fat ban and the proposed calorie count law are based on New York City regulations.

We saw it happen in New York City, and we knew it was just a matter of time before it was going to come here, said Jonathan Pratt, the owner of Peter Pratt's Inn in Yorktown Heights. He has a worried eye on California, where the health department awards restaurants a letter grade, which they require to be prominently posted. Imagine -- your restaurant has a big 'C' in front of it, Mr. Pratt said. That will sure bring people in.

Rich Stytzer, president of the Westchester/Rockland Chapter of the New York State Restaurant Association, said his group had been working with the Health Department on a voluntary switch to non-trans-fat oils. He said about 750 of the county's roughly 3,000 food service establishments had voluntarily made the switch. But Mr. Stytzer, who runs Antun's of Westchester, a catering hall in Elmsford, would have preferred to keep the program voluntary.

When do you stop with the legislation? he asked. It's hard enough to stay in business in Westchester County now. Every mandate and every penny is a hardship on a restaurant. The restaurants change to their customers' needs and wants, and we don't need the government coming in and telling us what to do.

Jay Lippin, the chef at Mighty Joe Young's, in Hartsdale, made the switch to trans-fat-free oil before he was required to do so. Of course, that doesn't mean customers should feel virtuous if they order Mr. Lippin's 28-ounce T-bone steak served with garlic mashed potatoes or 12-ounce filet mignon served with fried calamari. The chef notes that he also has fish and salads on the menu, and that like everything, it's all about moderation.

Mr. Lippin now uses an oil called Elitra, which he said costs twice as much as the oil he had been using, but because it is more stable, it lasts longer, so it is not as expensive as it seems. Mr. Pratt said the price of non-trans-fat oils had risen sharply. In the last six months, the price of a 35-pound cube of fryer oil rose from $13 to $22.

Dr. Lipsman, who also supports the calorie-posting proposal, scoffed at the slippery slope concept and denied that the health department would ultimately go after cheeseburgers, fries or foie gras.

When chefs say, 'Oh, what's next?' they are missing the concept of reasonableness, he said. We are enforcing laws that protect public health, and this doesn't take away from people's choices. Trans fat is like lead in gasoline or lead in paint. It's something that doesn't need to be there and no one will miss.

[Illustration]PHOTO: CONCERNED: Joshua Lipsman, county health commissioner. (PHOTOGRAPH BY LIBRADO ROMERO/THE NEW YORK TIMES)(pg. 2)