Senate Bill S3795

2009-2010 Legislative Session

Requires the posting of signs near pre-packaged salads offered for sale notifying consumers of the advisability of washing the produce before consumption

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Apr 01, 2009	referred to consumer protection

2009-S3795 (ACTIVE) - Details

See Assembly Version of this Bill:: A174
Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §213-a, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: A1034

2009-S3795 (ACTIVE) - Summary

Requires the posting of signs near pre-packaged salads offered for sale by retail food stores notifying consumers of the advisability of washing the produce before consumption and referring them to the federal department of health and human services, food and drug administration, for further information; such signs must be printed legibly with boldface type at least three-quarters of an inch.

2009-S3795 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3795

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to the
posting of signs near pre-packaged salads


 PURPOSE OF GENERAL IDEA OF BILL :
The purpose of this bill is to promote consumer awareness regarding
proper handling and preparation of produce.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would add a new Section 213-a to the Agriculture and Markets
Law.

The bill would require retail food stores which offer for sale any
prepackaged salads to post a conspicuous sign warning consumers to
wash such salads, as well as all produce, prior to cooking and/or
consumption.

 JUSTIFICATION :
In January of 1998, the California State Attorney General filed suit
claiming unsanitary practices against two makers of bagged salads, one
of the two companies linked to an outbreak of E-coli food poisoning in
New York, Connecticut and Illinois.

Some makers of pre-mixed salads actually label their bags with
instructions not to wash the contents prior to consumption. According
to tests, however, the produce was found to have higher than usual
amounts of bacteria. After washing the produce, these same tests
showed reduced levels of bacteria.

The U.S. Surgeon General recently stated in a speech to the Center for
Disease Control and Prevention that food-borne illness is a growing
concern in the United States. The federal government is moving to
further protect consumers from bacteria and viral disease in our food
supply by: (1) increasing funding for food inspections; (2) requiring
food stores establish a system of controls to evaluate safety hazards,
determine necessary controls of hazards, and monitor and document the
effectiveness of the controls; and (3) and restricting the importation
of produce from countries with lower standards for safety.

Nevertheless, the federal government says there would be far fewer
cases of food-borne illness if everyone followed certain guidelines
for handling food safely. Unfortunately, many consumers have no access
to this information.  Providing consumers with information and access
to experts for proper and safe handling and preparation of produce, as
well as all food products, would greatly reduce the number of
incidents of food poisoning, which would ultimately save lives.

 PRIOR LEGISLATIVE HISTORY :
2007-2008: A.119-A - Reported to Calendar No. 693
2005-2006: A.659 - Referred to Consumer Affairs and Protection
2003-2004: A.3127 - Ordered to Third Reading Rules Cal. 602

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
Sixty days after enactment.

2009-S3795 (ACTIVE) - Bill Text download pdf

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

                                  3795

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- 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  the
  posting of signs near pre-packaged salads

  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 213-a to read as follows:
  S  213-A. PRE-PACKAGED SALADS. 1. AS USED IN THIS SECTION: (A) "RETAIL
FOOD STORE" MEANS ANY STORE SELLING FOOD AT RETAIL, WHICH STORE  IS  NOT
PRIMARILY ENGAGED IN THE SALE OF FOOD FOR CONSUMPTION ON THE PREMISES;
  (B)  "PRE-PACKAGED" MEANS A PACKAGE WHICH IS (I) NEITHER A HERMETICAL-
LY-SEALED CAN NOR STORED AT OR BELOW A TEMPERATURE OF THIRTY-TWO DEGREES
FAHRENHEIT IN ACCORDANCE WITH THE  INSTRUCTIONS  OF  A  MANUFACTURER  OR
PROCESSOR,  AND (II) WHICH IS PACKAGED OTHER THAN AT THE PREMISES OF THE
RETAIL FOOD STORE; AND
  (C) "SALAD" MEANS A PRODUCT CONSISTING MAINLY OF LEAFY RAW  VEGETABLES
SUCH AS LETTUCE AND SPINACH.
  2.  (A)  ANY  RETAIL FOOD STORE WHICH OFFERS FOR SALE ANY PRE-PACKAGED
SALADS SHALL CONSPICUOUSLY POST A SIGN SITUATED  SO  AS  TO  BE  CLEARLY
VISIBLE  TO  ANY CONSUMER INSPECTING SUCH PRE-PACKAGED SALADS. SUCH SIGN
SHALL READ: "NOTICE:  ALTHOUGH A PACKAGE FOR BAGGED SALADS MAY READ THAT
WASHING IS NOT NECESSARY, IT IS ADVISABLE THAT THIS PRODUCE, ALONG  WITH
ALL OTHER PRODUCE, BE WASHED THOROUGHLY BEFORE CONSUMPTION."
  (B) IN ADDITION, SUCH SIGN SHALL STATE THE CURRENT MAILING ADDRESS AND
TELEPHONE NUMBER ESTABLISHED BY THE UNITED STATES FOOD AND DRUG ADMINIS-
TRATION  FOR  RECEIVING  QUESTIONS  FROM  CONSUMERS REGARDING THE PROPER
METHODS OF WASHING AND/OR SAFELY PREPARING PRE-PACKAGED  SALADS  OR  ANY
OTHER FOOD PRODUCT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01874-01-9

S. 3795                             2

  3.  SUCH  SIGN  REQUIRED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION
SHALL BE PRINTED WITH LETTERING THAT IS LEGIBLE AND SHALL  BE  AT  LEAST
THREE-QUARTERS OF AN INCH BOLDFACE TYPE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S3795

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

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2009-S3795 (ACTIVE) - Details

2009-S3795 (ACTIVE) - Summary

2009-S3795 (ACTIVE) - Sponsor Memo

2009-S3795 (ACTIVE) - Bill Text download pdf

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Sponsored By

Hiram Monserrate

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

Actions

2009-S3795 (ACTIVE) - Details

2009-S3795 (ACTIVE) - Summary

2009-S3795 (ACTIVE) - Sponsor Memo

2009-S3795 (ACTIVE) - Bill Text download pdf

Comments