Bill Text: NY S03877 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to the governance of food labels or the portion of food produced, processed, transported, stored, marketed, distributed, sold or offered for sale by the state; vests jurisdiction in all matters pertaining to such exclusively in the state; preempts any local rule or ordinance on such subject.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S03877 Detail]

Download: New_York-2017-S03877-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3877--A
            Cal. No. 493
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 27, 2017
                                       ___________
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the Committee on Agriculture -- recom-
          mitted to the Committee on Agriculture in accordance with Senate  Rule
          6,  sec. 8 -- reported favorably from said committee, ordered to first
          report, amended on first  report,  ordered  to  a  second  report  and
          ordered reprinted, retaining its place in the order of second report
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          governance of food labels or the portion of food produced,  processed,
          transported,  stored,  marketed, distributed, sold or offered for sale
          by the state
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 2 of the agriculture and markets law is amended by
     2  adding two new subdivisions 6 and 7 to read as follows:
     3    6. "Portion" means the amount of a given food sold or offered for sale
     4  including, but not limited to, the size of the container or packaging in
     5  which the food is sold or offered for sale.
     6    7. "Food label" means any affixation to or marking  on  a  package  of
     7  food as to its nature or quality, or the contents of a material, package
     8  or container or the name of the maker.
     9    §  2.  Subdivision 1 of section 16 of the agriculture and markets law,
    10  as amended by chapter 639 of the laws of 2004, is  amended  to  read  as
    11  follows:
    12    1.  Execute  and carry into effect the laws of the state and the rules
    13  of the department, relative to agriculture, horticulture,  farm,  fruit,
    14  and  dairy products, aquaculture, and the production, processing, trans-
    15  portation, storage, marketing and  distributing  of  food;  enforce  and
    16  carry  into  effect  the provisions of the laws of the state relative to
    17  weights and measures. Jurisdiction in all matters pertaining to the food
    18  label or the portion of food produced, processed,  transported,  stored,
    19  marketed,  distributed, sold or offered for sale in this state is vested
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07940-02-8
        S. 3877--A                          2
     1  exclusively in the state. Any provision of any local law  or  ordinance,
     2  or  any rule or regulation promulgated thereto, governing the food label
     3  or the portion of food produced, processed, transported, stored, market-
     4  ed,  distributed,  sold or offered for sale in the state shall, upon the
     5  effective date of the chapter of the laws of two thousand eighteen which
     6  amended this subdivision, be preempted.
     7    § 3. This act shall take effect on the one hundred eightieth day after
     8  it shall have become a law.