NY State Senate Bill 2009-S454

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
Jan 07, 2009	referred to consumer protection

2009-S454 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §204-e, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: S2608

2009-S454 (ACTIVE) - Summary

Provides that no person shall manufacture, pack, sell, offer for sale and/or expose for sale any food commodity in package form unless it is labelled with certain information relating to the approximate amount of sodium or sodium compound, in milligrams, contained in such food commodity; sets forth other specifics that shall be included on such label; exempts fresh fruits, vegetables and unprocessed meat, poultry and fish, milk and eggs, food sold for consumption on premises, identical items within a multi-item package that is properly labeled with the sodium contents.

2009-S454 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S454

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to the
labeling of foods containing sodium and sodium compounds


 PURPOSE/SUMMARY OF PROVISIONS :
Adds section 204-e to the Agriculture and Markets Law to require that
packaged foods contain the following information:

* Size of serving

* Total amount of servings in the package

* The milligrams of sodium in each serving

* The words "high in sodium" or "high salted" if a serving is greater
than 400 milligrams

* The words "In some people, a high salt (sodium) diet may contribute
to high blood pressure" along with the words "high in sodium" or
"highly salted" if a serving is greater than 800 milligrams

This legislation would exempt from the aforementioned requirements the
following:

* Fresh fruits, vegetables and fresh unprocessed meat, poultry and
fish

* Milk and eggs

* Food sold for consumption on the premises

* Identical items within a multi-item package that is properly labeled
with the sodium contents

This legislation intends to alert consumers to the sodium content of
foods.

 JUSTIFICATION :
It is estimated that hypertension (high blood pressure) affects over
25% of the United States population and 40% of older people. Excess
dietary sodium is an adverse factor in most people prone to
hypertension because excess sodium upsets the balance of sodium and
potassium in the bloodstream needed for a smooth flow of bodily
fluids.  The whole system of modern food processing contributes to the
high intake of sodium because, in the processing, potassium is lost
and sodium is added (often unnecessarily). Excess sodium has also been
linked to heart disease, stomach cancer, stroke, and migraines.

It is impossible for people afflicted by high blood pressure or
healthy adults who simply want to curtail their sodium intake as a
preventive measure, to avoid excessive amounts of sodium consumption
(found in all processed foods) without some form of labeling
requirement. Sodium is not found in foods that taste salty. Indeed, it
is the "hidden sodium" in processed foods that is the biggest culprit.

Consider the following:

* One serving of Campbell's Chicken Noodle Soup - 1,222 milligrams

* One 4 ounce serving of canned sweet peas - 8OO milligrams

* One large dill pickle - 28 milligrams

* One-half slice of Devil's Food Cake - 402 milligrams

According to a recent report by the National Academy of Sciences, the
estimated safe sodium intake for a healthy adult should not exceed
3,000 milligrams per day. Yet, it is also estimated that sodium
consumption per adult varies between 4,000 milligrams and 10,000
milligrams daily. This is some twenty to fifty times more than the
body needs. Most major medical and health care organizations have
repeatedly urged the federal government to take actions to mandate
sodium content labeling. Yet, federal proposals would result, at best,
in a voluntary measure with only a percentage of industry
participating.

The medical costs associated with the treatment of hypertension
related diseases and disorders are estimated at $8 billion per year
nationwide.  The costs associated with this proposal would be far
below any health care costs this State has undertaken. According to
reports, mandatory sodium labeling would generate very little expense
to either government or the food industry. Industry could be allowed
to use the Food and Drug Administration's nutrient data bank for
information on sodium levels.  The New York State Consumer Protection
Board, the New York city Department of Consumer Affairs, the
Cooperative Extension of Cornell University, the American Association
of Retired Persons, the American Heart Association, the American
Dietetic Association, and the Center for Science in the Public
Interest support this legislation.

 FISCAL IMPLICATIONS :
There would be some costs incurred in the promulgation of rules and
regulations.

 EFFECTIVE DATE :
This act shall take effect two years after the date on which it shall
have become a law, however, it shall not be deemed to affect any food
commodity already packaged before the effective date of this act.

2009-S454 (ACTIVE) - Bill Text download pdf

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

                                   454

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 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  the
  labeling of foods containing sodium and sodium compounds

  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 204-e to read as follows:
  S  204-E.  FOODS  CONTAINING SODIUM AND SODIUM COMPOUNDS. 1.  NOTWITH-
STANDING ANY CONTRARY PROVISION OF LAW,  NO  PERSON  SHALL  MANUFACTURE,
PACK,  SELL, OFFER FOR SALE AND/OR EXPOSE FOR SALE ANY FOOD COMMODITY IN
PACKAGE FORM UNLESS IT IS LABELED WITH THE FOLLOWING  INFORMATION  IN  A
FORM TO BE PRESCRIBED BY THE COMMISSIONER:
  A. THE SIZE OF A SERVING OF THE FOOD COMMODITY,
  B. THE TOTAL AMOUNT OF SUCH SERVINGS IN THE PACKAGE,
  C.  THE  APPROXIMATE  AMOUNT  OF SODIUM, IN MILLIGRAMS, CONTAINED IN A
SERVING OF THE FOOD COMMODITY WHICH APPROXIMATE AMOUNT SHALL REPRESENT A
GOOD FAITH EFFORT MADE BY THE MANUFACTURER, PACKER OR  SELLER  TO  LABEL
SUCH  PACKAGE  WITH A VALUE THAT IS AS NEAR AS PRACTICABLE TO THE AMOUNT
OF SODIUM IN A SERVING OF THE FOOD COMMODITY, COMPUTED  TO  THE  NEAREST
MULTIPLE OF FIVE MILLIGRAMS, AS CAN BE OBTAINED BY A REASONABLE ANALYSIS
OF SUCH FOOD COMMODITY, EXCEPT THAT, IF NOT MORE THAN TEN MILLIGRAMS ARE
CONTAINED  IN  A  SPECIFIED  SERVING OF THE FOOD, THE LABEL SHALL BEAR A
STATEMENT TO THAT EFFECT.
  2. A. IF THE APPROXIMATE AMOUNT, IN MILLIGRAMS, CONTAINED IN A SERVING
IS GREATER THAN FOUR HUNDRED MILLIGRAMS, THEN EITHER THE WORDS "HIGH  IN
SODIUM"  OR  "HIGHLY  SALTED"  MUST ALSO BE INCLUDED ON THE LABEL OF THE
PACKAGE.
  B. IF THE APPROXIMATE AMOUNT, IN MILLIGRAMS, CONTAINED IN A SERVING IS
GREATER THAN EIGHT HUNDRED MILLIGRAMS, THEN EITHER THE  WORDS  "HIGH  IN
SODIUM"  OR  "HIGHLY  SALTED"  MUST ALSO BE INCLUDED ON THE LABEL OF THE
PACKAGE ALONG WITH THE SENTENCE: "IN SOME PEOPLE A  HIGH  SALT  (SODIUM)
DIET MAY CONTRIBUTE TO HIGH BLOOD PRESSURE".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03596-01-9

S. 454                              2

  3. FOR PURPOSES OF THIS SECTION:
  A.  THE  TERM  "SODIUM"  SHALL  INCLUDE THE SODIUM CONTAINED IN SODIUM
COMPOUNDS.
  B. THE TERM "FOOD COMMODITY IN PACKAGE FORM"  SHALL  BE  CONSTRUED  TO
MEAN A FOOD COMMODITY PACKAGED IN ANY MANNER IN ADVANCE OF SALE IN UNITS
SUITABLE  FOR  RETAIL  SALE,  AND  CUSTOMARILY SOLD IN A FOOD STORE, BUT
SHALL NOT INCLUDE THE FOLLOWING:
  (I) FRESH FRUITS, FRESH VEGETABLES AND FRESH UNPROCESSED MEAT, POULTRY
AND FISH;
  (II) MILK AND EGGS;
  (III) FOOD SOLD FOR CONSUMPTION ON THE PREMISES; AND
  (IV) IDENTICAL ITEMS WITHIN A  MULTI-ITEM  PACKAGE  THAT  IS  PROPERLY
LABELED WITH THE SODIUM CONTENT.
  C. THE TERM "SERVING" SHALL BE CONSTRUED TO MEAN THAT REASONABLE QUAN-
TITY  OF  FOOD  SUITED FOR, OR PRACTICABLE FOR, CONSUMPTION AS PART OF A
MEAL BY AN ADULT MALE ENGAGED IN  LIGHT  PHYSICAL  ACTIVITY,  OR  BY  AN
INFANT OR CHILD UNDER FOUR YEARS OF AGE WHEN THE ARTICLE PURPORTS TO, OR
IS  REPRESENTED  TO BE, FOR CONSUMPTION BY AN INFANT OR CHILD UNDER FOUR
YEARS OF AGE.
  D. THE TERM "APPROXIMATE AMOUNT OF SODIUM" SHALL BE CONSTRUED TO  MEAN
A "REPRESENTATIVE VALUE" IN MILLIGRAMS OF THE AMOUNT OF SODIUM CONTAINED
IN A SERVING OF THE FOOD COMMODITY AND SHALL NOT BE CONSTRUED SO RIGIDLY
AS  TO  NOT ALLOW   DEVIATIONS FROM THE VALUE LABELED BECAUSE OF DIFFER-
ENCES IN THE AREAS WHERE THE FOOD  COMMODITY  IS  GROWN  OR  BECAUSE  OF
SEASONAL CROP DIFFERENCES.
  4.  A. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY THE MUNICI-
PAL DIRECTORS OF WEIGHTS AND  MEASURES  APPOINTED  PURSUANT  TO  ARTICLE
SIXTEEN  OF  THIS CHAPTER.  THE EXCLUSIVE REMEDY FOR A VIOLATION OF THIS
SECTION SHALL BE THE ISSUANCE OF A REMOVAL ORDER, AS PROVIDED  IN  PARA-
GRAPH B OF THIS SUBDIVISION, AND THE CIVIL PENALTY FOR FAILURE TO COMPLY
THEREWITH, AS PROVIDED IN PARAGRAPH D OF THIS SUBDIVISION.
  B.  WHENEVER  ANY  MUNICIPAL  WEIGHTS  AND MEASURES OFFICIAL FINDS ANY
PACKAGED FOOD OR FOOD PRODUCT BEING SOLD, OFFERED OR EXPOSED FOR SALE IN
VIOLATION OF ANY SUBDIVISION OF THIS SECTION, HE SHALL ISSUE  A  REMOVAL
ORDER.  SUCH  ORDER SHALL BE IN WRITING, SHALL IDENTIFY THE FOOD OR FOOD
PRODUCT WHICH IS IN VIOLATION OF THIS SECTION AND DIRECT THAT SUCH  FOOD
OR FOOD PRODUCT BE IMMEDIATELY REMOVED FROM SALE.
  C.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON TO SELL, OFFER OR EXPOSE FOR
SALE ANY FOOD OR FOOD PRODUCT FOR WHICH A REMOVAL ORDER HAS BEEN  ISSUED
AND IS IN EFFECT PURSUANT TO THIS SECTION.
  D.  FAILURE TO COMPLY WITH A REMOVAL ORDER SHALL CONSTITUTE A SEPARATE
VIOLATION WITH RESPECT TO EACH PACKAGE OR CONTAINER WHICH IS  NOT  IMME-
DIATELY  REMOVED  FROM  SALE.  EACH  DAY  OR PART THEREOF A VIOLATION IS
CONTINUED SHALL CONSTITUTE A SEPARATE VIOLATION. THE MUNICIPAL  DIRECTOR
OF  WEIGHTS  AND  MEASURES MAY REFER THE EVIDENCE OF A VIOLATION OF THIS
SECTION TO THE ATTORNEY FOR THE MUNICIPALITY FOR THE COMMENCEMENT  OF  A
CIVIL ACTION, IN THE NAME OF THE MUNICIPALITY, TO RECOVER A CIVIL PENAL-
TY  IN  THE AMOUNTS PRESCRIBED IN SECTION THIRTY-NINE OF THIS CHAPTER. A
CAUSE OF ACTION FOR RECOVERY OF SUCH PENALTY MAY BE RELEASED, SETTLED OR
COMPROMISED BY THE MUNICIPAL DIRECTOR BEFORE THE MATTER IS  REFERRED  TO
THE  MUNICIPAL ATTORNEY OR THEREAFTER BY SUCH ATTORNEY.  NOTWITHSTANDING
THE PROVISIONS  OF  SECTION  FORTY-FIVE  OF  THIS  CHAPTER,  ALL  MONEYS
COLLECTED HEREUNDER SHALL BE RETAINED BY THE MUNICIPALITY.
  S  2.  This  act  shall take effect 2 years after the date on which it
shall have become a law; however, it shall not be deemed to  affect  any
food commodity already packaged before the effective date of this act.

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Senate Bill S454

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

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2009-S454 (ACTIVE) - Details

2009-S454 (ACTIVE) - Summary

2009-S454 (ACTIVE) - Sponsor Memo

2009-S454 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

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

Actions

2009-S454 (ACTIVE) - Details

2009-S454 (ACTIVE) - Summary

2009-S454 (ACTIVE) - Sponsor Memo

2009-S454 (ACTIVE) - Bill Text download pdf

Comments