Bill Text: NY A01460 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that no person, corporation, partnership or limited liability company shall knowingly sell any food product advertised or labeled as "local" unless such food product originated in New York or meets other guidelines established for retail food products.

Spectrum: Moderate Partisan Bill (Democrat 22-7)

Status: (Vetoed) 2019-12-13 - VETOED MEMO.214 [A01460 Detail]

Download: New_York-2019-A01460-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1460
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced by M. of A. WOERNER -- Multi-Sponsored by -- M. of A. CAHILL,
          DiPIETRO,  D'URSO,  GIGLIO,  GLICK,  GOTTFRIED,  HAWLEY,  LUPARDO, RA,
          STIRPE, THIELE, WRIGHT -- read once and referred to the  Committee  on
          Agriculture
        AN  ACT  to amend the agriculture and markets law, in relation to adver-
          tising and labeling of locally produced food
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 211 to read as follows:
     3    § 211. Advertising and labeling of  locally  produced  foods.  1.  For
     4  purposes  of  this  section "retail food product" shall mean articles of
     5  food, drink,  confectionary  or  condiment,  whether  simple,  mixed  or
     6  compound,  including all substances or ingredients added to food for any
     7  purpose, intended for human consumption.
     8    2. No person, corporation, partnership or  limited  liability  company
     9  shall knowingly sell or offer for sale at retail any retail food product
    10  advertised  or  labeled as "local", "locally grown", "locally produced",
    11  "locally sourced" or any substantially similar term,  unless  such  food
    12  product:  (i)  is grown, raised, or harvested in New York state; or (ii)
    13  its components that are essential to such product's identity are  grown,
    14  raised,  harvested or produced in New York state; or (iii) is defined in
    15  law as New York state labelled, manufactured, or produced.
    16    3. A retail food product may also be advertised or labeled as local if
    17  it was grown, raised, harvested or produced outside of New  York  state,
    18  or  contains  essential  components  not  sourced in New York, if it has
    19  additional descriptive language  identifying  the  state  or  region  or
    20  distance  from  the  border  of New York state where such product or its
    21  components that are essential to  such  product's  identity  are  grown,
    22  raised, harvested or produced displayed adjacent to and in the same size
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01242-01-9
        A. 1460                             2
     1  font  as the term or terms indicating it is local in such advertising or
     2  labeling.
     3    4.  The  commissioner  is hereby authorized to develop rules and regu-
     4  lations to provide guidance to businesses selling retail  food  products
     5  pursuant to this section.
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it  shall have become a law, provided that any rule or regulation neces-
     8  sary for the timely implementation of this act on its effective date may
     9  be promulgated on or before such date,  provided  further  however  that
    10  retailers  shall have ninety days from the effective date of this act to
    11  sell through product subject to the provisions of this act which is held
    12  in inventory on the effective date of this act.