Bill Text: NY A06461 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes the production for retail sale and the retail sale of raw, untreated milk for human consumption.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2013-04-18 - enacting clause stricken [A06461 Detail]

Download: New_York-2013-A06461-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6461
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 1, 2013
                                      ___________
       Introduced by M. of A. DIPIETRO -- Multi-Sponsored by -- M. of A. CORWIN
         -- read once and referred to the Committee on Agriculture
       AN  ACT to amend the agriculture and markets law, in relation to author-
         izing the production for retail sale and retail sale of raw milk
         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 46-b to read as follows:
    3    S 46-B. PRODUCTION AND RETAIL SALE OF RAW  MILK.   1.  NOTWITHSTANDING
    4  ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, THE PRODUCTION FOR RETAIL
    5  SALE  AND  THE  RETAIL SALE OF RAW, UNTREATED MILK FOR HUMAN CONSUMPTION
    6  SHALL BE AUTHORIZED IN THIS STATE. THE PRODUCTION, PACKAGING,  TRANSPOR-
    7  TATION  AND  SALE  OF SUCH MILK SHALL BE SUBJECT TO SUCH RULES AND REGU-
    8  LATIONS AS SHALL BE DEEMED NECESSARY BY THE DEPARTMENT. A  COPY  OF  ALL
    9  SUCH RULES AND REGULATIONS SHALL BE PROVIDED TO THE DEPARTMENT OF HEALTH
   10  FOR COMMENT PRIOR TO THE EFFECTIVE DATE THEREOF.
   11    2.  EVERY  PERSON ENGAGED IN THE PRODUCTION OF RAW, UNTREATED MILK FOR
   12  HUMAN CONSUMPTION SHALL HOLD A PERMIT ISSUED BY THE COMMISSIONER.
   13    3. ALL RAW, UNTREATED MILK FOR HUMAN CONSUMPTION PRODUCED  FOR  RETAIL
   14  SALE  SHALL  BE  TRANSPORTED  AND  SOLD  IN  A  BOTTLE OR SINGLE SERVICE
   15  CONTAINER MECHANICALLY FILLED AND CAPPED.
   16    4. EVERY CONTAINER OF RAW, UNTREATED MILK FOR HUMAN  CONSUMPTION  SOLD
   17  AT  RETAIL SHALL BE LABELED WITH A WARNING THAT SUCH MILK IS NOT PASTEU-
   18  RIZED AND SUCH ADDITIONAL WARNINGS AND SPECIFICATIONS AS THE  DEPARTMENT
   19  MAY REQUIRE.
   20    5.  RAW,  UNTREATED MILK FOR HUMAN CONSUMPTION SHALL BE SOLD AT RETAIL
   21  ONLY FOR CONSUMPTION OFF THE PREMISES OF THE PERSON OR BUSINESS ENGAGING
   22  IN SUCH RETAIL SALE. NO SUCH MILK SHALL BE AUTHORIZED TO BE  SOLD  IN  A
   23  VENDING MACHINE. EVERY PERSON AND BUSINESS ENGAGED IN THE RETAIL SALE OF
   24  RAW,  UNTREATED  MILK  FOR HUMAN CONSUMPTION SHALL CONSPICUOUSLY POST AT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03270-01-3
       A. 6461                             2
    1  THE POINT OF SALE A SIGN WHICH READS AS FOLLOWS: "NOTICE: RAW MILK  SOLD
    2  HERE. RAW MILK DOES NOT PROVIDE THE PROTECTION OF PASTEURIZATION."
    3    S 2. This act shall take effect on the one hundred eightieth day after
    4  it  shall  have  become  a  law. Provided that any rules and regulations
    5  necessary to implement the provisions of this act on its effective  date
    6  are  immediately  authorized  and  directed to be completed on or before
    7  such date.