Bill Text: NY S02132 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 2132 (Prior Session Legislation)

Introduced

Bill Title: Requires warning labels on popcorn, chewing gum, hard candies, raisins, peanut butter, nuts or seeds which present a choking hazard to children under four years of age; and provides civil penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CONSUMER PROTECTION [S02132 Detail]

Download: New_York-2011-S02132-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2132
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the agriculture and markets law, in relation to  requir-
         ing  warning labels on certain foods which present a choking hazard to
         children under four years of age
         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 214-o to read as follows:
    3    S 214-O. WARNING LABELS ON CERTAIN FOOD PRODUCTS. 1.  IF  ANY  PERSON,
    4  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION OR ANY OTHER BUSINESS ASSO-
    5  CIATION SELLS OR DISPLAYS FOR RETAIL SALE  POPCORN,  CHEWING  GUM,  HARD
    6  CANDIES,  RAISINS,  PEANUT  BUTTER, NUTS OR SEEDS MEANT FOR USE AS HUMAN
    7  FOOD, THE  PACKAGING  OF  SUCH  FOOD  SHALL  BEAR  A  WARNING  LABEL  AS
    8  PRESCRIBED  IN  THIS  SECTION WHICH SHALL BE PRINTED THEREON OR ATTACHED
    9  THERETO. SUCH WARNING LABEL SHALL BE IN  LETTERS  NOT  LESS  THAN  EIGHT
   10  POINT  TYPE  AND  IN A COLOR IN CONTRAST WITH THE PACKAGE CONTAINING THE
   11  SUPPLEMENT, AND SHALL CONTAIN THE FOLLOWING  STATEMENT:  "WARNING:  THIS
   12  PRODUCT IS A CHOKING HAZARD TO CHILDREN UNDER FOUR YEARS OF AGE."
   13    2.  ANY  PERSON,  FIRM,  CORPORATION OR ASSOCIATION OR ITS OFFICERS OR
   14  AGENTS WHO OR WHICH VIOLATE ANY OF THE PROVISIONS OF THIS SECTION OR ANY
   15  RULES OR REGULATIONS PROMULGATED UNDER THIS SECTION SHALL BE LIABLE  FOR
   16  A  CIVIL  PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH DAY SUCH
   17  ENTITY IS IN VIOLATION OF THIS SECTION.
   18    3. THE COMMISSIONER SHALL HAVE THE AUTHORITY AND POWER TO PRESCRIBE BY
   19  REGULATIONS THE LABELING OF THE FOOD PRODUCTS IN SUBDIVISION ONE OF THIS
   20  SECTION WHICH ARE NOT SOLD BY PACKAGE OR CONTAINER.
   21    S 2. This act shall take effect on the one hundred twentieth day after
   22  it shall have become a law. Effective immediately  the  commissioner  of
   23  agriculture  and  markets  is  authorized and directed to promulgate any
   24  rules or regulations necessary for the timely implementation of this act
   25  before such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06517-01-1