S T A T E O F N E W Y O R K
________________________________________________________________________
4280--A
2009-2010 Regular Sessions
I N S E N A T E
April 21, 2009
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- recommitted to the Committee on Investigations and
Government Operations in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the tax law, in relation to the sale of food and bever-
ages through vending machines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision (a) of section 1115 of the tax
law, as amended by section 1 of part O of chapter 63 of the laws of
2000, is amended to read as follows:
(1) Food, food products, beverages, dietary foods and health supple-
ments, sold for human consumption but not including (i) candy and
confectionery, (ii) fruit drinks which contain less than seventy percent
of natural fruit juice, (iii) soft drinks, sodas and beverages such as
are ordinarily dispensed at soda fountains or in connection therewith
(other than coffee, tea and cocoa) and (iv) beer, wine or other alcohol-
ic beverages, all of which shall be subject to the retail sales and
compensating use taxes, whether or not the item is sold in liquid form.
The food and drink excluded from the exemption provided by this para-
graph under subparagraphs (i), (ii) and (iii) of this paragraph shall be
exempt under this paragraph when sold for [seventy-five cents] ONE
DOLLAR or less through any vending machine activated by the use of coin,
currency, credit card or debit card. With the exception of the provision
in this paragraph providing for an exemption for certain food or drink
sold for [seventy-five cents] ONE DOLLAR or less through vending
machines, nothing herein shall be construed as exempting food or drink
from the tax imposed under subdivision (d) of section eleven hundred
five OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10648-02-0
S. 4280--A 2
S 2. Paragraph 1 of subdivision (a) of section 1115 of the tax law, as
amended by section one of this act, is amended to read as follows:
(1) Food, food products, beverages, dietary foods and health supple-
ments, sold for human consumption but not including (i) candy and
confectionery, (ii) fruit drinks which contain less than seventy percent
of natural fruit juice, (iii) soft drinks, sodas and beverages such as
are ordinarily dispensed at soda fountains or in connection therewith
(other than coffee, tea and cocoa) and (iv) beer, wine or other alcohol-
ic beverages, all of which shall be subject to the retail sales and
compensating use taxes, whether or not the item is sold in liquid form.
The food and drink excluded from the exemption provided by this para-
graph under subparagraphs (i), (ii) and (iii) of this paragraph shall be
exempt under this paragraph when sold for one dollar AND FIFTY CENTS or
less through any vending machine activated by the use of coin, currency,
credit card or debit card. With the exception of the provision in this
paragraph providing for an exemption for certain food or drink sold for
one dollar AND FIFTY CENTS or less through vending machines, nothing
herein shall be construed as exempting food or drink from the tax
imposed under subdivision (d) of section eleven hundred five of this
article.
S 3. This act shall take effect June 1, 2011, except that section two
of this act shall take effect December 1, 2011.