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.