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Senate Bill S8471

2009-2010 Legislative Session

Prohibits the taxation of food and the ingredients therein for any purpose

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S8471 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Tax Law
Laws Affected:
Add ยง33, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S5292

2009-S8471 (ACTIVE) - Summary

Prohibits the taxation of food and the ingredients therein for any purpose; does not apply to food sold for on-premises consumption or alcoholic beverages.

2009-S8471 (ACTIVE) - Sponsor Memo

2009-S8471 (ACTIVE) - Bill Text download pdf 

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

                                  8471

                            I N  S E N A T E

                             August 11, 2010
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the tax law, in relation to prohibiting the taxation  of
  food and food products sold for human consumption

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

  Section 1. The tax law is amended by adding a new section 33  to  read
as follows:
  S  33.    TAXATION  OF  FOOD;  PROHIBITED. 1. FOR THE PURPOSES OF THIS
SECTION, "FOOD" SHALL MEAN AND INCLUDE ALL ARTICLES OF  FOOD,  DRINK  OR
CONDIMENT,  WHETHER  SIMPLE,  MIXED  OR  COMPOUND,  USED OR INTENDED FOR
CONSUMPTION BY HUMANS, AND SHALL ALSO INCLUDE ALL SUBSTANCES OR INGREDI-
ENTS ADDED TO OR WHICH CONSTITUTE A PORTION OF A FOOD.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO FOOD SHALL
BE SUBJECT TO ANY FORM OF TAXATION BY THE STATE OR ANY POLITICAL  SUBDI-
VISION THEREOF.
  3.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY FOOD THAT IS
SOLD OR PROCESSED FOR ON-PREMISES CONSUMPTION.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  ANY  ALCOHOLIC
BEVERAGE,  AS  DEFINED BY SUBDIVISION ONE OF SECTION THREE OF THE ALCOH-
OLIC BEVERAGE CONTROL LAW.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16529-01-0

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