S T A T E O F N E W Y O R K
________________________________________________________________________
9998--A
I N A S S E M B L Y
February 24, 2010
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Introduced by M. of A. J. MILLER, KOON -- Multi-Sponsored by -- M. of A.
CRESPO, ERRIGO, McKEVITT -- read once and referred to the Committee on
Consumer Affairs and Protection -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to changes to
grocery item packaging
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
396-zz to read as follows:
S 396-ZZ. CHANGES TO GROCERY ITEM PACKAGING. 1. IT SHALL BE A DECEP-
TIVE ACT AND PRACTICE AS DEFINED BY ARTICLE TWENTY-TWO-A OF THIS CHAPTER
FOR THE SELLER OF PREPACKAGED GROCERY ITEMS TO KNOWINGLY SELL SUCH ITEMS
IF THE SIZE OF THEIR COMMONLY SOLD STANDARD PACKAGING HAS BEEN MADE MORE
THAN TEN PERCENT SMALLER THAN PREVIOUSLY SOLD WITHOUT INFORMING CONSUM-
ERS OF SUCH SIZE CHANGES, EXCEPTING CASES WHERE THE PRICE PER UNIT OF
MEASUREMENT HAS NOT CHANGED FOR SUCH ITEMS. A PROMINENT SIGN SHALL BE
DISPLAYED BY SUCH SELLER FOR NOT LESS THAN NINETY DAYS AFTER THE FIRST
SUCH NEW AND SMALLER PACKAGE HAS BEEN PLACED ON DISPLAY FOR SALE, SHALL
BE IN AT LEAST SEVENTY-TWO POINT TYPE, AND SHALL INCLUDE LANGUAGE THAT
IS AT A MINIMUM CONSTRUCTIVELY SIMILAR TO THE FOLLOWING:
NOTE: THE PREVIOUSLY SOLD PACKAGE OF THIS PRODUCT (PRODUCT) WHICH WAS
SOLD IN A (SIZE AND TYPE OF PACKAGE) AT A PRICE OF (PRICE PER UNIT OF
MEASUREMENT) IS NOW BEING SOLD IN A (SIZE AND TYPE OF PACKAGE) AT A
PRICE OF (PRICE PER UNIT OF MEASUREMENT).
THIS PROVISION SHALL APPLY TO ANY GROCERY ITEM WHICH HAS BEEN OFFERED
FOR SALE IN ITS PRIOR PACKAGE SIZE FOR A PERIOD OF ONE YEAR OR MORE,
SUCH THAT A CONSUMER MIGHT REASONABLY EXPECT THAT WHEN PURCHASING THAT
ITEM THEY ARE RECEIVING THE PREVIOUSLY CUSTOMARY AND EXPECTED QUANTITY
OF SAID ITEM. IT SHALL BE THE RESPONSIBILITY OF THE GROCERY DISTRIBUTOR
TO PROVIDE THE RETAILER WITH APPROPRIATE MATERIALS TO LABEL SUCH GROCERY
ITEMS WHEN THERE HAS BEEN A CHANGE IN WHAT WAS PREVIOUSLY THE CUSTOMARY
SIZE OF PACKAGING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15364-03-0
A. 9998--A 2
2. SELLERS SHALL BE EXEMPT FROM THE NOTIFICATION REQUIREMENTS
CONTAINED IN THIS SECTION IN ANY CASE WHERE BOTH THE ORIGINAL AND NEW
SIZED PACKAGES ARE OFFERED FOR SALE SIMULTANEOUSLY AND DISPLAYED IN
IMMEDIATE PROXIMITY TO EACH OTHER FOR A PERIOD OF AT LEAST FORTY-FIVE
DAYS.
3. SELLERS SHALL BE EXEMPT FROM THE NOTIFICATION REQUIREMENTS
CONTAINED IN THIS SECTION IN ANY CASE WHERE THE PER UNIT PRICE FOR BOTH
THE OLD AND NEW SIZES OF SUCH PACKAGED GROCERY ITEMS IS AND REMAINS
IDENTICAL FOR A PERIOD OF NOT LESS THAN SIXTY DAYS.
4. VIOLATIONS OF THIS SECTION WILL BE SUBJECT TO ALL SUCH PENALTIES
AND REMEDIES AS PROVIDED FOR BY ARTICLE TWENTY-TWO-A OF THIS CHAPTER AND
AS THE ATTORNEY GENERAL MAY DEEM APPROPRIATE.
5. IN ADDITION, A SELLER FOUND TO BE IN VIOLATION OF THIS SECTION
SHALL BE SUBJECT TO A PENALTY OF TREBLE THE UNIT PRICE DIFFERENTIAL
MULTIPLIED BY THE NUMBER OF UNITS OFFERED FOR SALE IN VIOLATION OF THIS
PROVISION, AND FURTHER MULTIPLIED BY THE NUMBER OF DAYS THAT SUCH ITEMS
WERE OFFERED FOR SALE TO THE PUBLIC. FINES LEVIED PURSUANT TO VIOLATIONS
OF THIS SECTION SHALL BE PAYABLE TO THE GENERAL FUND.
6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY RETAIL STORE
LOCATIONS WITH FEWER THAN SEVEN THOUSAND FIVE HUNDRED SQUARE FEET OF
SPACE DEDICATED TO SALES OF GROCERY ITEMS.
S 2. This act shall take effect immediately.