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Senate Bill S3979

2009-2010 Legislative Session

Requires notice to public of use of monosodium glutamate in food be given by restaurants and other places where food is prepared/cooked/offered for sale; enforcement

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

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2009-S3979 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง396-gg, Gen Bus L

2009-S3979 (ACTIVE) - Summary

Requires that any restaurant or other place where food containing monosodium glutamate is prepared or cooked and offered for sale to the public shall give notice of the use of such additive, either on the menu or in some other place likely to be seen and understood by each customer; provides for application by attorney general for injunctive relief; provides for civil penalty of $50 per day of violation, not to exceed $500.

2009-S3979 (ACTIVE) - Sponsor Memo

2009-S3979 (ACTIVE) - Bill Text download pdf 

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

                                  3979

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

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

AN ACT to amend the general  business  law,  in  relation  to  requiring
  notice to the public of the use of certain additives

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

  Section 1. The general business law is amended by adding a new section
396-gg to read as follows:
  S 396-GG. RESTAURANTS AND CATERERS; NOTIFICATION REQUIREMENTS.  1. ANY
RESTAURANT OR OTHER PLACE WHERE FOOD CONTAINING MONOSODIUM GLUTAMATE  IS
PREPARED  OR  COOKED  AND OFFERED FOR SALE TO THE PUBLIC FOR CONSUMPTION
EITHER ON OR OFF THE PREMISES SHALL GIVE NOTICE OF THE USE OF SUCH ADDI-
TIVE, EITHER ON MENUS GIVEN TO EACH CUSTOMER OR  IN  SUCH  OTHER  MANNER
THAT THE NOTICE IS LIKELY TO BE SEEN AND UNDERSTOOD BY EACH CUSTOMER.
  2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE RESPONDENT  OF
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE  COURT  OR
JUSTICE  THAT  THE  RESPONDENT  HAS,  IN FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR  DAMAGED  THEREBY.    WHENEVER  THE
COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE
COURT MAY IMPOSE A CIVIL PENALTY OF FIFTY DOLLARS FOR EACH DAY THAT SUCH
VIOLATION  OCCURS,  BUT  IN  NO  EVENT  SHALL THE TOTAL PENALTY THEREFOR
EXCEED FIVE HUNDRED DOLLARS.  IN CONNECTION WITH ANY  SUCH  APPLICATION,
THE  ATTORNEY  GENERAL  IS  AUTHORIZED TO TAKE PROOF AND MAKE A DETERMI-
NATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN  ACCORDANCE  WITH
THE CIVIL PRACTICE LAW AND RULES.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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