S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8412

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT to amend the agriculture and markets law, in relation to prohib-
  iting the sale of  oversized  sugar-sweetened  fountain  beverages  to
  minors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 3 of the agriculture and markets law is amended  by
adding a new section 45-d to read as follows:
  S 45-D. SALE OF OVERSIZED SUGAR-SWEETENED FOUNTAIN BEVERAGES TO MINORS
PROHIBITED.  1.    NO  PERSON,  PARTNERSHIP OR CORPORATION SHALL SELL OR
OFFER FOR SALE IN  THIS  STATE  AN  OVERSIZED  SUGAR-SWEETENED  FOUNTAIN
BEVERAGE  IN  A  CUP  OR CONTAINER THAT CONTAINS MORE THAN SIXTEEN FLUID
OUNCES TO ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS.
  2. SALE OF OVERSIZED SUGAR-SWEETENED FOUNTAIN BEVERAGES SHALL BE  MADE
ONLY  TO  AN  INDIVIDUAL  WHO DEMONSTRATES, THROUGH (A) A VALID DRIVER'S
LICENSE OR NON-DRIVER'S IDENTIFICATION ISSUED  BY  THE  COMMISSIONER  OF
MOTOR  VEHICLES,  THE  FEDERAL  GOVERNMENT, ANY UNITED STATES TERRITORY,
COMMONWEALTH OR POSSESSION, THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT
WITHIN THE UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE  DOMINION  OF
CANADA;  OR  (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT
OR ANY OTHER COUNTRY; OR (C) AN IDENTIFICATION CARD ISSUED BY THE UNITED
STATES, INDICATING THAT THE INDIVIDUAL IS AT  LEAST  EIGHTEEN  YEARS  OF
AGE.  SUCH  IDENTIFICATION  NEED  NOT  BE REQUIRED OF ANY INDIVIDUAL WHO
REASONABLY APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED,  HOWEV-
ER,  THAT SUCH APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN ANY PROCEED-
ING INVOLVING SALE OF ANY FOOD PRODUCT, TO AN INDIVIDUAL UNDER  EIGHTEEN
YEARS OF AGE.
  3. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA-
TIVE DEFENSE THAT A PERSON PURCHASING OR ATTEMPTING TO PURCHASE AN OVER-
SIZED SUGAR-SWEETENED FOUNTAIN BEVERAGE PRODUCED A DRIVER'S LICENSE OR A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11907-02-5
              

A. 8412                             2

NON-DRIVER  IDENTIFICATION CARD APPARENTLY ISSUED BY A GOVERNMENT ENTITY
OR OTHER IDENTIFICATION PURSUANT TO SUBDIVISION  TWO  OF  THIS  SECTION,
SUCCESSFULLY COMPLETED THE TRANSACTION, AND THAT THE SALE OF SUCH BEVER-
AGE  TO SUCH PERSON WAS BASED ON THE REASONABLE RELIANCE UPON SUCH IDEN-
TIFICATION AND TRANSACTION. IN  EVALUATING  THE  APPLICABILITY  OF  SUCH
AFFIRMATIVE  DEFENSE, CONSIDERATION SHALL BE GIVEN TO ANY WRITTEN POLICY
ADOPTED AND IMPLEMENTED BY THE SELLER TO EFFECTUATE  THE  PROVISIONS  OF
THIS  SECTION. USE OF ANY METHOD OF AN ELECTRONIC TRANSACTION SCAN SHALL
NOT EXCUSE ANY PERSON OPERATING A PLACE OF  BUSINESS  WHEREIN  OVERSIZED
SUGAR-SWEETENED FOUNTAIN BEVERAGES ARE SOLD, OR THE AGENT OR EMPLOYEE OF
SUCH  PERSON,  FROM  THE  EXERCISE OF DUE DILIGENCE. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE DEFENSE  SHALL  NOT
BE  APPLICABLE  IN  ANY  CIVIL  OR  CRIMINAL PROCEEDING, OR IN ANY OTHER
FORUM.
  4. FOR PURPOSES OF THIS SECTION:
  (A) "CALORIC" MEANS A SUBSTANCE THAT ADDS CALORIES TO THE DIET OF  THE
INDIVIDUAL WHO CONSUMES SUCH SUBSTANCE.
  (B) "NATURAL FRUIT JUICE" MEANS THE ORIGINAL LIQUID RESULTING FROM THE
PRESSING  OF  FRUIT,  THE  LIQUID  RESULTING  FROM THE RECONSTITUTION OF
NATURAL FRUIT JUICE CONCENTRATE OR THE LIQUID RESULTING FROM THE  RESTO-
RATION OF WATER TO DEHYDRATED NATURAL FRUIT JUICE.
  (C) "NATURAL VEGETABLE JUICE" MEANS THE ORIGINAL LIQUID RESULTING FROM
THE PRESSING OF VEGETABLES, THE LIQUID RESULTING FROM THE RECONSTITUTION
OF  NATURAL VEGETABLE JUICE CONCENTRATE OR THE LIQUID RESULTING FROM THE
RESTORATION OF WATER TO DEHYDRATED NATURAL VEGETABLE JUICE.
  (D) "OVERSIZED" MEANS CUP OR CONTAINER  THAT  MAY  CONTAIN  MORE  THAN
SIXTEEN FLUID OUNCES.
  (E) (1) "SUGAR-SWEETENED FOUNTAIN BEVERAGE" MEANS ANY SWEETENED NONAL-
COHOLIC  BEVERAGE,  CARBONATED OR NONCARBONATED, SOLD FOR HUMAN CONSUMP-
TION THAT HAS ADDED CALORIC SWEETENERS AND WHICH  CONTAINS  SEVENTY-FIVE
CALORIES OR MORE PER TWELVE FLUID OUNCES AND IS PROVIDED FROM A FOUNTAIN
MACHINE OR TAP.
  (2) SUCH TERM SHALL NOT INCLUDE:
  (A) ANY BEVERAGE CONTAINING ONE HUNDRED PERCENT NATURAL FRUIT JUICE OR
NATURAL VEGETABLE JUICE WITH NO ADDED CALORIC SWEETENERS;
  (B)  ANY LIQUID PRODUCT MANUFACTURED FOR ANY OF THE FOLLOWING USES AND
COMMONLY REFERRED TO AS A "DIETARY AID":
  (I) AN ORAL NUTRITIONAL THERAPY FOR PERSONS WHO CANNOT ABSORB OR META-
BOLIZE DIETARY NUTRIENTS FROM FOOD OR FOOD ITEMS AND BEVERAGES,
  (II) A SOURCE OF NECESSARY NUTRITION USED AS A  RESULT  OF  A  MEDICAL
CONDITION, OR
  (III) AN ORAL ELECTROLYTE SOLUTION FOR INFANTS AND CHILDREN FORMULATED
TO PREVENT DEHYDRATION DUE TO ILLNESS;
  (C)  ANY  PRODUCT  FOR  CONSUMPTION  BY  INFANTS  AND THAT IS COMMONLY
REFERRED TO AS "INFANT FORMULA";
  (D) ANY BEVERAGE WHOSE PRINCIPAL INGREDIENT BY WEIGHT IS MILK;
  (E) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE  ALCO-
HOLIC BEVERAGE CONTROL LAW; OR
  (F)  ANY  PRE-BOTTLED  SUGAR-SWEETENED BEVERAGE SOLD IN BOTTLES OF ANY
SIZE.
  S 2. This act shall take effect one year after it shall have become  a
law. Effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.