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