S T A T E   O F   N E W   Y O R K
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                                  6435

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced  by  Sen.  RIVERA -- 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  the
  labeling of sugar-sweetened beverages with warnings

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "sugar-sweetened beverages safety warning act".
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 204-e to read as follows:
  S 204-E. LABELING OF SUGAR-SWEETENED BEVERAGES. 1. FOR THE PURPOSES OF
THIS SECTION:
  (A) "BEVERAGE  CONTAINER"  MEANS  ANY  SEALED  OR  UNSEALED  CONTAINER
REGARDLESS OF SIZE OR SHAPE INCLUDING, BUT NOT LIMITED TO, THOSE MADE OF
GLASS,  METAL,  PAPER,  PLASTIC, OR ANY OTHER MATERIAL OR COMBINATION OF
MATERIALS THAT IS USED OR INTENDED TO BE USED TO HOLD A  SUGAR-SWEETENED
BEVERAGE FOR INDIVIDUAL SALE TO A CONSUMER.
  (B)  "BEVERAGE DISPENSING MACHINE" MEANS ANY DEVICE THAT MIXES CONCEN-
TRATE WITH ANY ONE OR MORE OTHER INGREDIENTS, AND DISPENSES THE  RESULT-
ING MIXTURE INTO AN UNSEALED CONTAINER AS A READY-TO-DRINK BEVERAGE.
  (C) "CALORIC SWEETENER" MEANS ANY SUBSTANCE CONTAINING CALORIES, SUIT-
ABLE  FOR  HUMAN  CONSUMPTION,  THAT  HUMANS PERCEIVE AS SWEET AND SHALL
INCLUDE, BUT NOT BE LIMITED TO, SUCROSE, FRUCTOSE,  GLUCOSE,  AND  OTHER
SUGARS  AND  FRUIT  JUICE CONCENTRATES. "CALORIC" MEANS A SUBSTANCE THAT
ADDS CALORIES TO THE DIET OF THE INDIVIDUAL WHO CONSUMES SUCH SUBSTANCE.
  (D) "CONCENTRATE" MEANS A SYRUP OR POWDER THAT IS USED OR INTENDED  TO
BE USED FOR MIXING, COMPOUNDING OR MAKING A SUGAR-SWEETENED BEVERAGE.
  (E)  "CONSUMER"  MEANS  AN  INDIVIDUAL WHO PURCHASES A SUGAR-SWEETENED
BEVERAGE FOR A PURPOSE OTHER THAN RESALE.
  (F) "DISTRIBUTE" MEANS TO SELL OR OTHERWISE PROVIDE A PRODUCT  TO  ANY
PERSON FOR RESALE.
  (G)  "MENU  OR  MENU BOARD" MEANS THE PRIMARY WRITING OF A PUBLIC FOOD
SERVICE ESTABLISHMENT, AS DEFINED IN SUBDIVISION THREE OF SECTION  THIR-
TEEN  HUNDRED  NINETY-NINE-N  OF  THE  PUBLIC  HEALTH  LAW, FROM WHICH A

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

                                                           LBD03793-05-5

S. 6435                             2

CONSUMER MAKES AN ORDER SELECTION, WHICH CAN BE IN DIFFERENT FORMS  SUCH
AS  BOOKLETS,  PAMPHLETS,  OR SINGLE SHEETS OF PAPER, AND CAN BE LOCATED
INSIDE OR OUTSIDE OF SUCH PUBLIC FOOD SERVICE ESTABLISHMENT.
  (H) "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.
  (I) "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.
  (J) "POWDER" MEANS A SOLID MIXTURE WITH ADDED CALORIC  SWEETENER  USED
IN  MAKING,  MIXING  OR COMPOUNDING A SUGAR-SWEETENED BEVERAGE BY MIXING
SUCH SOLID MIXTURE WITH ANY ONE OR MORE OTHER INGREDIENTS INCLUDING, BUT
NOT LIMITED TO, WATER, ICE, SYRUP,  SIMPLE  SYRUP,  FRUITS,  VEGETABLES,
FRUIT JUICE, OR CARBONATION OR OTHER GAS.
  (K)  "PRINCIPAL  DISPLAY PANEL" MEANS THE PART OF A LABEL THAT IS MOST
LIKELY TO BE DISPLAYED, PRESENTED, SHOWN  OR  EXAMINED  UNDER  CUSTOMARY
CONDITIONS OF DISPLAY FOR RETAIL SALE.
  (L)  "SEALED  BEVERAGE CONTAINER" MEANS A BEVERAGE CONTAINER HOLDING A
BEVERAGE THAT IS CLOSED OR SEALED BEFORE BEING OFFERED  FOR  SALE  TO  A
CONSUMER.
  (M)  (1)  "SUGAR-SWEETENED  BEVERAGE" MEANS ANY SWEETENED NONALCOHOLIC
BEVERAGE, CARBONATED OR NONCARBONATED, SOLD FOR HUMAN  CONSUMPTION  THAT
HAS ADDED CALORIC SWEETENERS AND WHICH CONTAINS SEVENTY-FIVE CALORIES OR
MORE PER TWELVE FLUID OUNCES.
  (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 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; OR
  (E) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE  ALCO-
HOLIC BEVERAGE CONTROL LAW.
  (N)  "SYRUP"  MEANS A LIQUID MIXTURE WITH ADDED CALORIC SWEETENER USED
IN MAKING, MIXING OR COMPOUNDING A SUGAR-SWEETENED  BEVERAGE  BY  MIXING
SUCH  LIQUID  MIXTURE WITH ANY ONE OR MORE OTHER INGREDIENTS, INCLUDING,
BUT NOT LIMITED TO, WATER, ICE, A POWDER, SIMPLE SYRUP, FRUITS,  VEGETA-
BLES, FRUIT JUICE, VEGETABLE JUICE, OR CARBONATION OR OTHER GAS.
  (O)  "UNSEALED  BEVERAGE  CONTAINER"  MEANS  A BEVERAGE CONTAINER INTO
WHICH A BEVERAGE IS DISPENSED OR POURED AT THE PREMISES WHERE THE BEVER-
AGE IS PURCHASED INCLUDING, BUT NOT LIMITED TO, A CONTAINER FOR FOUNTAIN
DRINKS.
  2.  (A)  NO  PERSON  SHALL  DISTRIBUTE,  SELL  OR  OFFER  FOR  SALE  A
SUGAR-SWEETENED  BEVERAGE  IN  A  SEALED  BEVERAGE CONTAINER UNLESS SUCH
CONTAINER BEARS THE FOLLOWING SAFETY WARNING AND OTHERWISE MEETS ALL  OF
THE REQUIREMENTS OF THIS SUBDIVISION:

S. 6435                             3

  "SAFETY  WARNING:  DRINKING  BEVERAGES WITH ADDED SUGAR CONTRIBUTES TO
OBESITY, DIABETES AND TOOTH DECAY."
  (B)  THE  SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER AND READILY LEGIBLE
UNDER ORDINARY CONDITIONS ON THE PRINCIPAL DISPLAY PANEL OF  THE  SEALED
BEVERAGE  CONTAINER,  SEPARATE AND APART FROM ALL OTHER INFORMATION, AND
SHALL BE ON A CONTRASTING BACKGROUND.  THE ENTIRE SAFETY  WARNING  SHALL
APPEAR IN BOLD TYPE.
  (C)  IF  THE SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION IS NOT PRINTED DIRECTLY ON THE BEVERAGE CONTAINER, THE SAFETY WARN-
ING SHALL BE AFFIXED TO THE BEVERAGE CONTAINER IN SUCH A MANNER THAT  IT
CANNOT  BE  REMOVED  WITHOUT  THOROUGH  APPLICATION  OF  WATER  OR OTHER
SOLVENTS.
  (D) NO PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE A MULTIPACK  OF
SUGAR-SWEETENED  BEVERAGES  IN  SEALED  BEVERAGE  CONTAINERS  UNLESS THE
MULTIPACK OF BEVERAGES BEARS THE SAFETY WARNING  REQUIRED  BY  PARAGRAPH
(A)  OF  THIS SUBDIVISION. THE SAFETY WARNING SHALL BE POSTED IN A CLEAR
AND CONSPICUOUS MANNER ON THE PRINCIPAL DISPLAY PANEL AND  ON  AT  LEAST
ONE  OTHER  SIDE  OF  THE MULTIPACK, IN ADDITION TO BEING POSTED ON EACH
INDIVIDUAL SEALED BEVERAGE CONTAINER.
  (E) NO PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE  A  CONCENTRATE
UNLESS  THE  PACKAGING  OF THE CONCENTRATE, WHICH IS INTENDED FOR RETAIL
SALE, BEARS THE SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF THIS  SUBDI-
VISION.    THE SAFETY WARNING SHALL BE POSTED IN A CLEAR AND CONSPICUOUS
MANNER ON THE PRINCIPAL DISPLAY PANEL OF THE PACKAGING  OF  THE  CONCEN-
TRATE.
  (F)  THIS  SUBDIVISION  SHALL  NOT  BE CONSTRUED TO REQUIRE THE SAFETY
WARNING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION TO BE PLACED IMME-
DIATELY PRECEDING ANY COMMON NAME OR PRIMARY PRODUCT DESCRIPTOR.
  3. (A) EVERY PERSON WHO OWNS, LEASES OR OTHERWISE CONTROLS  THE  PREM-
ISES  WHERE A VENDING MACHINE OR BEVERAGE DISPENSING MACHINE IS LOCATED,
OR WHERE A SUGAR-SWEETENED BEVERAGE IS  SOLD  IN  AN  UNSEALED  BEVERAGE
CONTAINER,  SHALL  PLACE OR CAUSE TO BE PLACED, A SAFETY WARNING IN EACH
OF THE FOLLOWING LOCATIONS:
  (1)  ON  THE  EXTERIOR  OF  ANY  VENDING  MACHINE  THAT   INCLUDES   A
SUGAR-SWEETENED BEVERAGE FOR SALE;
  (2)  ON  THE  EXTERIOR  OF  ANY  BEVERAGE DISPENSING MACHINE USED BY A
CONSUMER TO DISPENSE A SUGAR-SWEETENED  BEVERAGE  THROUGH  SELF-SERVICE;
AND
  (3)  AT  THE  POINT-OF-PURCHASE,  WHICH  MAY  INCLUDE THE MENU OR MENU
BOARD, WHERE ANY CONSUMER PURCHASES A  SUGAR-SWEETENED  BEVERAGE  IN  AN
UNSEALED  BEVERAGE  CONTAINER,  WHEN  THE UNSEALED BEVERAGE CONTAINER IS
FILLED BY AN EMPLOYEE OF A FOOD ESTABLISHMENT RATHER THAN THE  CONSUMER;
PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY UNLESS THE PREMISES
WHERE   A   BEVERAGE   DISPENSING  MACHINE  IS  LOCATED,  OR  WHERE  THE
SUGAR-SWEETENED BEVERAGE IS SOLD IN AN UNSEALED  BEVERAGE  CONTAINER  IS
PART  OF  A  NETWORK OF SUBSIDIARIES, AFFILIATES OR OTHER MEMBER STORES,
UNDER DIRECT OR INDIRECT COMMON  CONTROL,  WITH  THREE  OR  MORE  STORES
LOCATED IN NEW YORK.
  (B)  THE  SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
SHALL CONTAIN THE FOLLOWING LANGUAGE:
  "SAFETY WARNING: DRINKING BEVERAGES WITH ADDED  SUGAR  CONTRIBUTES  TO
OBESITY, DIABETES AND TOOTH DECAY."
  (C)  THE  SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER AND READILY LEGIBLE
UNDER ORDINARY CONDITIONS, SEPARATE AND APART FROM  ALL  OTHER  INFORMA-

S. 6435                             4

TION, AND SHALL BE ON A CONTRASTING BACKGROUND.  THE ENTIRE SAFETY WARN-
ING SHALL APPEAR IN BOLD TYPE.
  4.  (A)  WHENEVER  IT  SHALL APPEAR THAT THERE HAS BEEN A VIOLATION OF
THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN  THE
NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
RESTRAIN  THE  CONTINUANCE  OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT
REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE  ALLOWANCES  TO  THE
ATTORNEY  GENERAL  AS  PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF
SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND  RULES,
AND  DIRECT  RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
PENALTY  OF  NOT  LESS  THAN  FIFTY  DOLLARS  NOR MORE THAN FIVE HUNDRED
DOLLARS FOR EACH SUCH VIOLATION. IN CONNECTION WITH  ANY  SUCH  PROPOSED
APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A
DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
  (B) THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
DIRECTOR  OF  A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE TOWN ATTOR-
NEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL  DESIGNEE  OF  A  MUNICI-
PALITY  OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS SECTION
SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
  5. A RETAILER SHALL NOT BE SUBJECT TO THE PENALTIES UNDER THIS SECTION
UNLESS: (A) THE RETAILER IS  THE  MANUFACTURER  OF  THE  SUGAR-SWEETENED
BEVERAGE,  THE  PACKAGER  OF A MULTIPACK OF SUGAR-SWEETENED BEVERAGES IN
SEALED BEVERAGE CONTAINERS, OR THE MANUFACTURER  OF  A  CONCENTRATE  AND
SELLS  THE SUGAR-SWEETENED BEVERAGE, MULTIPACK OF SUGAR-SWEETENED BEVER-
AGES, OR CONCENTRATE UNDER A BRAND IT OWNS; OR (B) THE RETAILER'S  FAIL-
URE TO LABEL WAS KNOWING AND WILLFUL.
  S  3.  Severability clause. If any provision of this act or its appli-
cation to any person, legal entity, or circumstance is held invalid, the
remainder of the act or  the  application  of  the  provision  to  other
persons, legal entities or circumstances shall not be affected.
  S  4. This act shall take effect one year after it shall have become a
law.