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Assembly Bill A4501

Vetoed By Governor

2009-2010 Legislative Session

Requires warning of the hazard of early childhood tooth decay upon the sale of baby-bottles and sippy cups

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Archive: Last Bill Status - Vetoed by Governor

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Bill Amendments

2009-A4501 - Details

Law Section:
General Business Law
Laws Affected:
Add §391-q, Gen Bus L

2009-A4501 - Summary

Requires a label warning of the hazard of early childhood tooth decay upon the sale of baby-bottles and sippy cups by any manufacturer or importer of such products; provides definitions.

2009-A4501 - Bill Text download pdf 

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

                                  4501

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. ESPAILLAT, COOK, JOHN -- Multi-Sponsored by -- M.
  of  A.  COLTON,  DIAZ,  ORTIZ,  TOWNS -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to  giving  notice
  of  the  hazard  of early childhood tooth decay upon the sale of baby-
  bottles and sippy cups

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

  Section 1. The general business law is amended by adding a new section
391-q to read as follows:
  S  391-Q.  SALE  OF  BABY-BOTTLES  AND OTHER VESSELS COMMONLY KNOWN AS
SIPPY CUPS OR DUCK-BILLED CUPS OR VESSELS HAVING BILL-SHAPED  EXTENSIONS
OR  BILL-SHAPED SPOUTS; NOTICE REQUIRED. 1. IT SHALL BE UNLAWFUL FOR ANY
PERSON, FIRM OR  CORPORATION  TO  SELL  BABY-BOTTLES  OR  OTHER  VESSELS
COMMONLY  KNOWN  AS  SIPPY  CUPS  OR  DUCK-BILLED CUPS OR VESSELS HAVING
BILL-SHAPED EXTENSIONS OR BILL-SHAPED SPOUTS UNLESS SUCH  ITEMS  INCLUDE
WRITTEN  OR  PRINTED  NOTICE  IN LIKE OR SIMILAR TERMS TO THE FOLLOWING:
"WARNING: ALLOWING YOUR CHILD TO GO TO BED, OR TO SPEND PROLONGED  PERI-
ODS  OF  TIME,  DRINKING MILK, FORMULA, FRUIT JUICES, OR OTHER SWEETENED
LIQUIDS MAY CAUSE EARLY CHILDHOOD TOOTH DECAY."
  2. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL  PENALTY
OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR THE FIRST OFFENSE AND NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT OFFENSE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07552-01-9

2009-A4501A (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §391-q, Gen Bus L

2009-A4501A (ACTIVE) - Summary

Requires a label warning of the hazard of early childhood tooth decay upon the sale of baby-bottles and sippy cups by any manufacturer or importer of such products; provides definitions.

2009-A4501A (ACTIVE) - Bill Text download pdf 

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

                                 4501--A
                                                        Cal. No. 835

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. ESPAILLAT, COOK, JOHN -- Multi-Sponsored by -- M.
  of  A. COLTON, ORTIZ, TOWNS -- read once and referred to the Committee
  on Consumer Affairs and Protection -- recommitted to the Committee  on
  Consumer  Affairs  and  Protection in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the general business law, in relation to giving notice
  of the hazard of early childhood tooth decay upon the  sale  of  baby-
  bottles and sippy cups

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

  Section 1. The general business law is amended by adding a new section
391-q to read as follows:
  S 391-Q. BABY-BOTTLES AND SIPPY CUPS; LABEL REQUIRED.  1. DEFINITIONS.
AS USED IN THIS SECTION, THE TERM:
  A. "SIPPY CUP" SHALL MEAN A VESSEL WITH A DUCK-BILLED LID, BILL-SHAPED
EXTENSION OR BILL-SHAPED SPOUT;
  B. "PACKAGING" SHALL MEAN ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT
IS USED TO CONTAIN OR HOLD AN INDIVIDUAL OR GROUP OF BABY-BOTTLES AND/OR
SIPPY CUPS WHEN SOLD TO  CONSUMERS.  PACKAGING  SHALL  NOT  INCLUDE  THE
CONTAINER,  ARTICLE, OR ITEM THAT IS USED TO CONTAIN OR HOLD AN INDIVID-
UAL OR GROUP OF BABY-BOTTLES AND/OR SIPPY CUPS WHEN SUCH ARE SHIPPED  TO
THE MERCHANT OR RETAILER.
  2.  EVERY  MANUFACTURER  OR IMPORTER OF BABY-BOTTLES AND/OR SIPPY CUPS
SOLD OR DISTRIBUTED IN NEW YORK STATE SHALL LABEL SUCH PRODUCT,  OR  ITS
PACKAGING IN LIKE OR SIMILAR TERMS TO THE FOLLOWING:
  "WARNING:  ALLOWING  YOUR  CHILD  TO  SPEND  PROLONGED PERIODS OF TIME
DRINKING LIQUIDS, OTHER THAN WATER, FROM THIS BABY-BOTTLE OR  SIPPY  CUP
(WHICHEVER  IS  APPLICABLE  TO  THE PRODUCT UPON WHICH THE LABEL WILL BE
PLACED) MAY CAUSE EARLY CHILDHOOD TOOTH DECAY."
  SUCH LABEL SHALL BE CLEAR AND CONSPICUOUS.

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

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