Senate Bill S2428

2009-2010 Legislative Session

Authorizes the production for retail sale and the retail sale of raw, untreated milk for human consumption

download bill text pdf

Sponsored By

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


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S2428 (ACTIVE) - Details

See Assembly Version of this Bill:
A6610
Current Committee:
Senate Consumer Protection
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §46-b, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2011-2012: S777, A5992
2013-2014: A6461

2009-S2428 (ACTIVE) - Summary

Authorizes the production for retail sale and the retail sale of raw, untreated milk for human consumption.

2009-S2428 (ACTIVE) - Sponsor Memo

2009-S2428 (ACTIVE) - Bill Text download pdf

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

                                  2428

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  author-
  izing the production for retail sale and retail sale of raw milk

  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 46-b to read as follows:
  S  46-B.  PRODUCTION  AND RETAIL SALE OF RAW MILK.  1. NOTWITHSTANDING
ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, THE PRODUCTION FOR RETAIL
SALE AND THE RETAIL SALE OF RAW, UNTREATED MILK  FOR  HUMAN  CONSUMPTION
SHALL  BE AUTHORIZED IN THIS STATE. THE PRODUCTION, PACKAGING, TRANSPOR-
TATION AND SALE OF SUCH MILK SHALL BE SUBJECT TO SUCH  RULES  AND  REGU-
LATIONS  AS  SHALL  BE DEEMED NECESSARY BY THE DEPARTMENT. A COPY OF ALL
SUCH RULES AND REGULATIONS SHALL BE PROVIDED TO THE DEPARTMENT OF HEALTH
FOR COMMENT PRIOR TO THE EFFECTIVE DATE THEREOF.
  2. EVERY PERSON ENGAGED IN THE PRODUCTION OF RAW, UNTREATED  MILK  FOR
HUMAN CONSUMPTION SHALL HOLD A PERMIT ISSUED BY THE COMMISSIONER.
  3.  ALL  RAW, UNTREATED MILK FOR HUMAN CONSUMPTION PRODUCED FOR RETAIL
SALE SHALL BE TRANSPORTED  AND  SOLD  IN  A  BOTTLE  OR  SINGLE  SERVICE
CONTAINER MECHANICALLY FILLED AND CAPPED.
  4.  EVERY  CONTAINER OF RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SOLD
AT RETAIL SHALL BE LABELED WITH A WARNING THAT SUCH MILK IS NOT  PASTEU-
RIZED  AND SUCH ADDITIONAL WARNINGS AND SPECIFICATIONS AS THE DEPARTMENT
MAY REQUIRE.
  5. RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SHALL BE SOLD  AT  RETAIL
ONLY FOR CONSUMPTION OFF THE PREMISES OF THE PERSON OR BUSINESS ENGAGING
IN  SUCH  RETAIL  SALE. NO SUCH MILK SHALL BE AUTHORIZED TO BE SOLD IN A
VENDING MACHINE. EVERY PERSON AND BUSINESS ENGAGED IN THE RETAIL SALE OF
RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SHALL  CONSPICUOUSLY  POST  AT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06263-01-9

              

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