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Assembly Bill A9754

2009-2010 Legislative Session

Requires warning labels on energy beverages

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Archive: Last Bill Status - In Assembly Committee

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2009-A9754 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง214-o, Ag & Mkts L

2009-A9754 (ACTIVE) - Summary

Requires warning labels printed on or attached to energy beverages sold or displayed at retail; penalty of $1,000 for each violation; rules and regulations by the commissioner where energy beverages are sold not by package or container; defines energy beverage.

2009-A9754 (ACTIVE) - Sponsor Memo

2009-A9754 (ACTIVE) - Bill Text download pdf 

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

                                  9754

                          I N  A S S E M B L Y

                            January 21, 2010
                               ___________

Introduced by M. of A. CASTRO -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT to amend the agriculture and markets law, in relation to requir-
  ing warning labels on energy beverages

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

  Section  1. The agriculture and markets law is amended by adding a new
section 214-o to read as follows:
  S 214-O. WARNING LABELS ON ENERGY BEVERAGES.  1.  NOTWITHSTANDING  ANY
INCONSISTENT  PROVISION  OF  LAW  TO  THE CONTRARY, IF ANY PERSON, FIRM,
CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION OR  ANY
OTHER  BUSINESS ASSOCIATION SELLS OR DISPLAYS FOR RETAIL SALE ANY ENERGY
BEVERAGE, THE PACKAGING OF SUCH BEVERAGE SHALL BEAR A WARNING  LABEL  AS
PRESCRIBED  IN  THIS  SECTION WHICH SHALL BE PRINTED THEREON OR ATTACHED
THERETO. SUCH WARNING LABEL SHALL BE IN  LETTERS  NOT  LESS  THAN  EIGHT
POINT  TYPE  AND  SHALL APPEAR IN A BLACK BOX ON THE BEVERAGE, AND SHALL
CONTAIN THE FOLLOWING  STATEMENT:  "WARNING:  EXCESSIVE  CONSUMPTION  OF
ENERGY  BEVERAGES  COULD  POSE  A  SERIOUS  HEALTH  HAZARD.  PLEASE  USE
CAUTION."
  2. ANY  PERSON,  FIRM,  CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY
COMPANY,  OR ASSOCIATION, OR ITS OFFICERS OR AGENTS WHO OR WHICH VIOLATE
ANY OF THE PROVISIONS OF  THIS  SECTION  OR  ANY  RULES  OR  REGULATIONS
PROMULGATED  UNDER  THIS  SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF
ONE THOUSAND  DOLLARS  PER  EACH  ENERGY  BEVERAGE  WHICH  VIOLATES  THE
PROVISIONS OF THIS SECTION.
  3. THE COMMISSIONER SHALL HAVE THE AUTHORITY AND POWER TO PRESCRIBE BY
REGULATIONS  THE LABELING OF ENERGY BEVERAGES IN SUBDIVISION ONE OF THIS
SECTION WHICH ARE NOT SOLD BY PACKAGE OR CONTAINER.
  4. FOR PURPOSES OF THIS SECTION ENERGY BEVERAGE SHALL INCLUDE BUT  NOT
BE LIMITED TO A COMBINATION OF SOME OR ALL OF THE FOLLOWING INGREDIENTS:
SUGAR,  METHYLXANTHINES,  CAFFEINE,  VITAMIN  B,  HERBS,  GUARANA, ACAI,
TAURINE, GINSENG, MALTODEXTRIN, INOSITOL, CARNITINE, CREATINE,  GLUCURO-
NOLACTONE AND GINKGO BILOBA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15440-01-0

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