Bill Text: NY A04501 | 2009-2010 | General Assembly | Amended

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Bill Title: Requires a label warning of the hazard of early childhood tooth decay upon the sale of baby-bottles and sippy cups by any manufacturer or importer of such products; provides definitions.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Vetoed) 2010-07-31 - tabled [A04501 Detail]

Download: New_York-2009-A04501-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4501--A
                                                               Cal. No. 835
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2009
                                      ___________
       Introduced by M. of A. ESPAILLAT, COOK, JOHN -- Multi-Sponsored by -- M.
         of  A. COLTON, ORTIZ, TOWNS -- read once and referred to the Committee
         on Consumer Affairs and Protection -- recommitted to the Committee  on
         Consumer  Affairs  and  Protection in accordance with Assembly Rule 3,
         sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
         amended and recommitted to said committee
       AN  ACT  to amend the general business law, in relation to giving notice
         of the hazard of early childhood tooth decay upon the  sale  of  baby-
         bottles and sippy cups
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  391-q to read as follows:
    3    S 391-Q. BABY-BOTTLES AND SIPPY CUPS; LABEL REQUIRED.  1. DEFINITIONS.
    4  AS USED IN THIS SECTION, THE TERM:
    5    A. "SIPPY CUP" SHALL MEAN A VESSEL WITH A DUCK-BILLED LID, BILL-SHAPED
    6  EXTENSION OR BILL-SHAPED SPOUT;
    7    B. "PACKAGING" SHALL MEAN ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT
    8  IS USED TO CONTAIN OR HOLD AN INDIVIDUAL OR GROUP OF BABY-BOTTLES AND/OR
    9  SIPPY CUPS WHEN SOLD TO  CONSUMERS.  PACKAGING  SHALL  NOT  INCLUDE  THE
   10  CONTAINER,  ARTICLE, OR ITEM THAT IS USED TO CONTAIN OR HOLD AN INDIVID-
   11  UAL OR GROUP OF BABY-BOTTLES AND/OR SIPPY CUPS WHEN SUCH ARE SHIPPED  TO
   12  THE MERCHANT OR RETAILER.
   13    2.  EVERY  MANUFACTURER  OR IMPORTER OF BABY-BOTTLES AND/OR SIPPY CUPS
   14  SOLD OR DISTRIBUTED IN NEW YORK STATE SHALL LABEL SUCH PRODUCT,  OR  ITS
   15  PACKAGING IN LIKE OR SIMILAR TERMS TO THE FOLLOWING:
   16    "WARNING:  ALLOWING  YOUR  CHILD  TO  SPEND  PROLONGED PERIODS OF TIME
   17  DRINKING LIQUIDS, OTHER THAN WATER, FROM THIS BABY-BOTTLE OR  SIPPY  CUP
   18  (WHICHEVER  IS  APPLICABLE  TO  THE PRODUCT UPON WHICH THE LABEL WILL BE
   19  PLACED) MAY CAUSE EARLY CHILDHOOD TOOTH DECAY."
   20    SUCH LABEL SHALL BE CLEAR AND CONSPICUOUS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07552-02-0
       A. 4501--A                          2
    1    3. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL  PENALTY
    2  OF  NOT  MORE THAN TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION, BUT NOT
    3  MORE THAN ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
    4    S 2. This act shall take effect on the one hundred eightieth day after
    5  it shall have become a law.