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Senate Bill S1071

2009-2010 Legislative Session

Requires warning labels on certain foods which present a choking hazard to children under four years of age

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2009-S1071 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง214-o, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S2132

2009-S1071 (ACTIVE) - Summary

Requires warning labels on popcorn, chewing gum, hard candies, raisins, peanut butter, nuts or seeds which present a choking hazard to children under four years of age; and provides civil penalties for violations.

2009-S1071 (ACTIVE) - Sponsor Memo

2009-S1071 (ACTIVE) - Bill Text download pdf 

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

                                  1071

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 23, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the agriculture and markets law, in relation to  requir-
  ing  warning labels on certain foods which present a choking hazard to
  children under four years of age

  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 CERTAIN FOOD PRODUCTS. 1.  IF  ANY  PERSON,
FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION OR ANY OTHER BUSINESS ASSO-
CIATION SELLS OR DISPLAYS FOR RETAIL SALE  POPCORN,  CHEWING  GUM,  HARD
CANDIES,  RAISINS,  PEANUT  BUTTER, NUTS OR SEEDS MEANT FOR USE AS HUMAN
FOOD, THE  PACKAGING  OF  SUCH  FOOD  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  IN A COLOR IN CONTRAST WITH THE PACKAGE CONTAINING THE
SUPPLEMENT, AND SHALL CONTAIN THE FOLLOWING  STATEMENT:  "WARNING:  THIS
PRODUCT IS A CHOKING HAZARD TO CHILDREN UNDER FOUR YEARS OF AGE."
  2.  ANY  PERSON,  FIRM,  CORPORATION 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 NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH DAY SUCH
ENTITY IS IN VIOLATION OF THIS SECTION.
  3. THE COMMISSIONER SHALL HAVE THE AUTHORITY AND POWER TO PRESCRIBE BY
REGULATIONS THE LABELING OF THE FOOD PRODUCTS IN SUBDIVISION ONE OF THIS
SECTION WHICH ARE NOT SOLD BY PACKAGE OR CONTAINER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately  the  commissioner  of
agriculture  and  markets  is  authorized and directed to promulgate any
rules or regulations necessary for the timely implementation of this act
before such effective date.

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

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