Bill Text: NY S08875 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires perishable and packaged food to be clearly marked with safety and quality dates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-26 - REFERRED TO AGRICULTURE [S08875 Detail]

Download: New_York-2021-S08875-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8875

                    IN SENATE

                                     April 26, 2022
                                       ___________

        Introduced  by  Sen. HINCHEY -- 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  safety
          and quality labels on certain foods and beverages

          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-p to read as follows:
     3    § 214-p. Safety and quality labeling. 1. Definitions. For the purposes
     4  of this article, the following terms shall have the following meanings:
     5    (a) "Perishable food" shall mean and include (i) eggs, grade AA, grade
     6  A, and grade B shell eggs;
     7    (ii)  all  pre-packaged, fully or partially prepared baked goods which
     8  have a moisture content exceeding  eighteen  percent,  with  or  without
     9  additives, known as:
    10    (1) breads, rolls and buns as defined pursuant to title 21, chapter 1,
    11  part  136.110  of the code of federal regulations, except those known as
    12  fruitcakes;
    13    (2) cakes, pastries, and cookies, except those that  are  offered  for
    14  sale in individual, portion pack, snack-type packages;
    15    (3)  english  muffins,  corn  muffins, bran muffins, and other similar
    16  products;
    17    (iii) the following prepackaged dairy and dairy-type products:
    18    (1) those products with or without additives or flavorings,  known  as
    19  cheese, as defined pursuant to title 21, chapter 1, part 133 of the code
    20  of  federal  regulations, that contain fifty percent or more moisture in
    21  the finished product;
    22    (2) low-fat, multi-vitamin, multi-mineral type milk products which are
    23  normally stored at temperatures between  thirty-two  degrees  fahrenheit
    24  and forty degrees fahrenheit;
    25    (3) flavored milk;
    26    (4)  cultured  milk,  cultured  milk products, cultured skim-milk, and
    27  cultured skim-milk products, with or without fruits, vegetables,  meats,
    28  cheeses, or other additives;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00059-01-1
        S. 8875                             2

     1    (5) milk shake;
     2    (6) eggnog;
     3    (7) yogurt, made from skim-milk or whole milk, with or without fruits,
     4  vegetables, meats, or other additives;
     5    (8) whipped cream and instant whipped cream;
     6    (9)  sour  cream,  cultured  cream, salad cream, and non-cultured sour
     7  cream, with or without cultured half and half;
     8    (10) sour half and half, cultured half  and  half,  non-cultured  sour
     9  half and half, and non-cultured half and half;
    10    (11) dairy dressing and dairy dip;
    11    (12)  non-dairy  coffee  creamers which are normally stored at temper-
    12  atures between thirty-two degrees fahrenheit and forty  degrees  fahren-
    13  heit; and
    14    (iv) all pre-packaged, prepared foods which require refrigeration.
    15    (b)  "Packaged  food" shall mean foods and beverages otherwise subject
    16  to the nutrition labeling requirements of the federal Nutrition Labeling
    17  and Education Act of 1990.
    18    (c) "Safety date" shall mean the last day or date for safe consumption
    19  or use of a perishable food or packaged food.
    20    (d) "Quality date" shall mean the last day or date for the recommended
    21  consumption or use of a perishable food or packaged food.
    22    2. No person, firm, corporation, partnership, association or any other
    23  business association shall sell at retail or display for sale at  retail
    24  any  perishable  food  or packaged food for human consumption unless the
    25  container of such perishable or packaged food is clearly marked  with  a
    26  safety date and a quality date.
    27    3.  The commissioner, in consultation with the commissioner of health,
    28  shall promulgate rules and regulations regarding the content and  place-
    29  ment  of  safety dates and quality dates on perishable food and packaged
    30  food.
    31    § 2. This act shall take effect on the one hundred eightieth day after
    32  it shall have become a law. Effective immediately, the addition,  amend-
    33  ment and/or repeal of any rule or regulation necessary for the implemen-
    34  tation  of this act on its effective date is authorized to be made on or
    35  before such date.