Bill Text: NY S06196 | 2011-2012 | General Assembly | Introduced


Bill Title: Prohibits the repackaging of meat offered for sale once the first sale date or last sell-by date is stamped or labeled on the packaging; also prohibits the changing of such date; treats such meat as unwholesome; provides that the period between the first date for sale label and the last date for sale label be no more than three days.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-12 - REFERRED TO AGRICULTURE [S06196 Detail]

Download: New_York-2011-S06196-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6196
                                   I N  S E N A T E
                                   January 12, 2012
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to  prohib-
         iting  the  rewrapping,  repackaging  or recycling of meat and poultry
         contained in a wrapping or packaging labeled with a  first  sale  date
         and/or  last sell-by date, prohibiting the changing of any such dates,
         and requiring that the period from the first sale date to last sell-by
         date as so labeled be no more than three days
         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. REWRAPPING, REPACKAGING OR  RECYCLING  OF  MEAT  AND  POULTRY
    4  CONTAINED  IN A WRAPPING OR PACKAGING LABELED WITH A FIRST SALE OR SELL-
    5  BY DATE PROHIBITED; CHANGE OF DATE  PROHIBITED;  THREE-DAY  SALE  PERIOD
    6  PROVIDED.  NOTWITHSTANDING  THE  PROVISIONS OF SECTION TWO HUNDRED FOUR-
    7  TEEN-M OF THIS ARTICLE:
    8    1. MEAT OR POULTRY OFFERED FOR SALE IN A WRAPPING OR PACKAGING THAT IS
    9  STAMPED OR LABELED WITH THE FIRST DATE THE MEAT  OR  POULTRY  IS  TO  BE
   10  OFFERED FOR SALE, OR WITH THE LAST DATE BY WHICH THE MEAT OR POULTRY MAY
   11  BE  SOLD, OR WITH BOTH SUCH DATES, SHALL NOT BE REWRAPPED, REPACKAGED OR
   12  RECYCLED PRIOR TO SALE NOR SHALL ANY SUCH DATES BE ALTERED  OR  CHANGED.
   13  THE  LAST  DATE  BY  WHICH THE MEAT OR POULTRY MAY BE SOLD AS SO LABELED
   14  SHALL NOT BE MORE THAN THREE DAYS FROM THE FIRST DATE  LABELED  FOR  THE
   15  MEAT OR POULTRY TO BE OFFERED FOR SALE.
   16    2. IT SHALL BE A MISDEMEANOR TO SELL OR OFFER FOR SALE MEAT OR POULTRY
   17  IN  VIOLATION  OF  THE  REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
   18  SUCH MEAT OR POULTRY IS HEREBY DEEMED TO BE UNWHOLESOME  OR  ADULTERATED
   19  AND  ANY  PERSON WHO, OR ANY ENTITY WHICH, SELLS OR OFFERS FOR SALE SUCH
   20  UNWHOLESOME OR ADULTERATED MEAT OR POULTRY SHALL BE SUBJECT  TO  ALL  OF
   21  THE FEDERAL AND STATE REGULATIONS AND FINES AND PENALTIES FOR VIOLATIONS
   22  APPLICABLE TO THE SALE OR OFFERING FOR SALE OF UNWHOLESOME OR ADULTERAT-
   23  ED  MEAT. WITHOUT LIMITING THE FOREGOING, THE COMMISSIONER MAY CLOSE ANY
   24  ESTABLISHMENT WHICH SELLS MEAT OR POULTRY IN  VIOLATION  OF  SUBDIVISION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06522-01-1
       S. 6196                             2
    1  ONE  OF THIS SECTION; MEAT OR POULTRY FOUND BEING OFFERED FOR SALE AFTER
    2  THE SELL-BY DATE LABELED ON ITS PACKAGING SHALL BE CONFISCATED; AND  THE
    3  ESTABLISHMENT  SHALL  BE  SUBJECT  TO AN ADDITIONAL PENALTY OF UP TO ONE
    4  THOUSAND DOLLARS FOR EACH DAY IT IS FOUND IN WILLFUL VIOLATION OF SUBDI-
    5  VISION ONE OF THIS SECTION.
    6    S 2. This act shall take effect on the one hundred twentieth day after
    7  it shall have become a law, provided, however, that effective immediate-
    8  ly,  the  addition,  amendment and/or repeal of any rules or regulations
    9  necessary for the implementation of the foregoing section of this act on
   10  its effective date is authorized and directed to be made  and  completed
   11  on or before such effective date.
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