Bill Text: NY S02608 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that no person shall manufacture, pack, sell, offer for sale and/or expose for sale any food commodity in package form unless it is labelled with certain information relating to the approximate amount of sodium or sodium compound, in milligrams, contained in such food commodity; sets forth other specifics that shall be included on such label; exempts fresh fruits, vegetables and unprocessed meat, poultry and fish, milk and eggs, food sold for consumption on premises, and identical items within a multi-item package that is properly labeled with the sodium contents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-26 - REFERRED TO CONSUMER PROTECTION [S02608 Detail]

Download: New_York-2011-S02608-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2608
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 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  the
         labeling of foods containing sodium and sodium compounds
         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 204-e to read as follows:
    3    S  204-E.  FOODS  CONTAINING SODIUM AND SODIUM COMPOUNDS. 1.  NOTWITH-
    4  STANDING ANY CONTRARY PROVISION OF LAW,  NO  PERSON  SHALL  MANUFACTURE,
    5  PACK,  SELL, OFFER FOR SALE AND/OR EXPOSE FOR SALE ANY FOOD COMMODITY IN
    6  PACKAGE FORM UNLESS IT IS LABELED WITH THE FOLLOWING  INFORMATION  IN  A
    7  FORM TO BE PRESCRIBED BY THE COMMISSIONER:
    8    A. THE SIZE OF A SERVING OF THE FOOD COMMODITY,
    9    B. THE TOTAL AMOUNT OF SUCH SERVINGS IN THE PACKAGE,
   10    C.  THE  APPROXIMATE  AMOUNT  OF SODIUM, IN MILLIGRAMS, CONTAINED IN A
   11  SERVING OF THE FOOD COMMODITY WHICH APPROXIMATE AMOUNT SHALL REPRESENT A
   12  GOOD FAITH EFFORT MADE BY THE MANUFACTURER, PACKER OR  SELLER  TO  LABEL
   13  SUCH  PACKAGE  WITH A VALUE THAT IS AS NEAR AS PRACTICABLE TO THE AMOUNT
   14  OF SODIUM IN A SERVING OF THE FOOD COMMODITY, COMPUTED  TO  THE  NEAREST
   15  MULTIPLE OF FIVE MILLIGRAMS, AS CAN BE OBTAINED BY A REASONABLE ANALYSIS
   16  OF SUCH FOOD COMMODITY, EXCEPT THAT, IF NOT MORE THAN TEN MILLIGRAMS ARE
   17  CONTAINED  IN  A  SPECIFIED  SERVING OF THE FOOD, THE LABEL SHALL BEAR A
   18  STATEMENT TO THAT EFFECT.
   19    2. A. IF THE APPROXIMATE AMOUNT, IN MILLIGRAMS, CONTAINED IN A SERVING
   20  IS GREATER THAN FOUR HUNDRED MILLIGRAMS, THEN EITHER THE WORDS "HIGH  IN
   21  SODIUM"  OR  "HIGHLY  SALTED"  MUST ALSO BE INCLUDED ON THE LABEL OF THE
   22  PACKAGE.
   23    B. IF THE APPROXIMATE AMOUNT, IN MILLIGRAMS, CONTAINED IN A SERVING IS
   24  GREATER THAN EIGHT HUNDRED MILLIGRAMS, THEN EITHER THE  WORDS  "HIGH  IN
   25  SODIUM"  OR  "HIGHLY  SALTED"  MUST ALSO BE INCLUDED ON THE LABEL OF THE
   26  PACKAGE ALONG WITH THE SENTENCE: "IN SOME PEOPLE A  HIGH  SALT  (SODIUM)
   27  DIET MAY CONTRIBUTE TO HIGH BLOOD PRESSURE".
   28    3. FOR PURPOSES OF THIS SECTION:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07243-01-1
       S. 2608                             2
    1    A.  THE  TERM  "SODIUM"  SHALL  INCLUDE THE SODIUM CONTAINED IN SODIUM
    2  COMPOUNDS.
    3    B.  THE  TERM  "FOOD  COMMODITY IN PACKAGE FORM" SHALL BE CONSTRUED TO
    4  MEAN A FOOD COMMODITY PACKAGED IN ANY MANNER IN ADVANCE OF SALE IN UNITS
    5  SUITABLE FOR RETAIL SALE, AND CUSTOMARILY SOLD  IN  A  FOOD  STORE,  BUT
    6  SHALL NOT INCLUDE THE FOLLOWING:
    7    (I) FRESH FRUITS, FRESH VEGETABLES AND FRESH UNPROCESSED MEAT, POULTRY
    8  AND FISH;
    9    (II) MILK AND EGGS;
   10    (III) FOOD SOLD FOR CONSUMPTION ON THE PREMISES; AND
   11    (IV)  IDENTICAL  ITEMS  WITHIN  A  MULTI-ITEM PACKAGE THAT IS PROPERLY
   12  LABELED WITH THE SODIUM CONTENT.
   13    C. THE TERM "SERVING" SHALL BE CONSTRUED TO MEAN THAT REASONABLE QUAN-
   14  TITY OF FOOD SUITED FOR, OR PRACTICABLE FOR, CONSUMPTION AS  PART  OF  A
   15  MEAL  BY  AN  ADULT  MALE  ENGAGED  IN LIGHT PHYSICAL ACTIVITY, OR BY AN
   16  INFANT OR CHILD UNDER FOUR YEARS OF AGE WHEN THE ARTICLE PURPORTS TO, OR
   17  IS REPRESENTED TO BE, FOR CONSUMPTION BY AN INFANT OR CHILD  UNDER  FOUR
   18  YEARS OF AGE.
   19    D.  THE TERM "APPROXIMATE AMOUNT OF SODIUM" SHALL BE CONSTRUED TO MEAN
   20  A "REPRESENTATIVE VALUE" IN MILLIGRAMS OF THE AMOUNT OF SODIUM CONTAINED
   21  IN A SERVING OF THE FOOD COMMODITY AND SHALL NOT BE CONSTRUED SO RIGIDLY
   22  AS TO NOT ALLOW  DEVIATIONS FROM THE VALUE LABELED  BECAUSE  OF  DIFFER-
   23  ENCES  IN  THE  AREAS  WHERE  THE  FOOD COMMODITY IS GROWN OR BECAUSE OF
   24  SEASONAL CROP DIFFERENCES.
   25    4. A. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY THE  MUNICI-
   26  PAL  DIRECTORS  OF  WEIGHTS  AND  MEASURES APPOINTED PURSUANT TO ARTICLE
   27  SIXTEEN OF THIS CHAPTER.  THE EXCLUSIVE REMEDY FOR A VIOLATION  OF  THIS
   28  SECTION  SHALL  BE THE ISSUANCE OF A REMOVAL ORDER, AS PROVIDED IN PARA-
   29  GRAPH B OF THIS SUBDIVISION, AND THE CIVIL PENALTY FOR FAILURE TO COMPLY
   30  THEREWITH, AS PROVIDED IN PARAGRAPH D OF THIS SUBDIVISION.
   31    B. WHENEVER ANY MUNICIPAL WEIGHTS  AND  MEASURES  OFFICIAL  FINDS  ANY
   32  PACKAGED FOOD OR FOOD PRODUCT BEING SOLD, OFFERED OR EXPOSED FOR SALE IN
   33  VIOLATION  OF  ANY SUBDIVISION OF THIS SECTION, HE SHALL ISSUE A REMOVAL
   34  ORDER. SUCH ORDER SHALL BE IN WRITING, SHALL IDENTIFY THE FOOD  OR  FOOD
   35  PRODUCT  WHICH IS IN VIOLATION OF THIS SECTION AND DIRECT THAT SUCH FOOD
   36  OR FOOD PRODUCT BE IMMEDIATELY REMOVED FROM SALE.
   37    C. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL, OFFER  OR  EXPOSE  FOR
   38  SALE  ANY FOOD OR FOOD PRODUCT FOR WHICH A REMOVAL ORDER HAS BEEN ISSUED
   39  AND IS IN EFFECT PURSUANT TO THIS SECTION.
   40    D. FAILURE TO COMPLY WITH A REMOVAL ORDER SHALL CONSTITUTE A  SEPARATE
   41  VIOLATION  WITH  RESPECT TO EACH PACKAGE OR CONTAINER WHICH IS NOT IMME-
   42  DIATELY REMOVED FROM SALE. EACH DAY  OR  PART  THEREOF  A  VIOLATION  IS
   43  CONTINUED  SHALL CONSTITUTE A SEPARATE VIOLATION. THE MUNICIPAL DIRECTOR
   44  OF WEIGHTS AND MEASURES MAY REFER THE EVIDENCE OF A  VIOLATION  OF  THIS
   45  SECTION  TO  THE ATTORNEY FOR THE MUNICIPALITY FOR THE COMMENCEMENT OF A
   46  CIVIL ACTION, IN THE NAME OF THE MUNICIPALITY, TO RECOVER A CIVIL PENAL-
   47  TY IN THE AMOUNTS PRESCRIBED IN SECTION THIRTY-NINE OF THIS  CHAPTER.  A
   48  CAUSE OF ACTION FOR RECOVERY OF SUCH PENALTY MAY BE RELEASED, SETTLED OR
   49  COMPROMISED  BY  THE MUNICIPAL DIRECTOR BEFORE THE MATTER IS REFERRED TO
   50  THE MUNICIPAL ATTORNEY OR THEREAFTER BY SUCH ATTORNEY.   NOTWITHSTANDING
   51  THE  PROVISIONS  OF  SECTION  FORTY-FIVE  OF  THIS  CHAPTER,  ALL MONEYS
   52  COLLECTED HEREUNDER SHALL BE RETAINED BY THE MUNICIPALITY.
   53    S 2. This act shall take effect 2 years after the  date  on  which  it
   54  shall  have  become a law; however, it shall not be deemed to affect any
   55  food commodity already packaged before the effective date of this act.