Assembly Bill A10010

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

                                  10010

                          I N  A S S E M B L Y

                               May 1, 2012
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Health

AN  ACT  to  amend the public health law, in relation to prohibiting the
  sale of sugar sweetened beverages

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

  Section  1.   The public health law is amended by adding a new article
13-I to read as follows:
    ARTICLE 13-I REGULATION OF THE SALE OF SUGAR SWEETENED BEVERAGES
SECTION 1399-XX. DEFINITIONS.
        1399-YY. SALE OF SUGAR SWEETENED BEVERAGES.
  S 1399-XX. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
  1. "STATE  GOVERNMENT  ENTITY"  MEANS  THE  COURTS  AND  COURT-RELATED
PROGRAMS   INCLUDING   THE   OFFICE  OF  COURT  ADMINISTRATION,  OF  THE
STATE-FUNDED PORTION OF THE UNIFIED COURT SYSTEM, THE LEGISLATURE OF THE
STATE OF NEW YORK AND ANY STATE  DEPARTMENT,  BOARD,  BUREAU,  DIVISION,
COMMISSION, COMMITTEE, COUNCIL, OFFICE, PUBLIC AUTHORITY OR PUBLIC BENE-
FIT  CORPORATION,  THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY
OF NEW YORK OR OTHER  GOVERNMENTAL  ENTITY  PERFORMING  GOVERNMENTAL  OR
PROPRIETARY FUNCTION FOR THE STATE, EXCEPT THE FEDERAL GOVERNMENT.
  2. "SUGAR SWEETENED BEVERAGE" MEANS ANY NONALCOHOLIC BEVERAGE, WHETHER
NATURALLY OR ARTIFICIALLY FLAVORED, WHETHER CARBONATED OR NONCARBONATED,
SOLD  FOR HUMAN CONSUMPTION, CONTAINING MORE THAN TEN CALORIES PER EIGHT
OUNCES, INCLUDING, BUT NOT LIMITED TO, (A) SODA, WATER,  SPORTS  DRINKS,
"ENERGY"  DRINKS,  COLAS, FLAVORED DRINKS, (B) FRUIT OR VEGETABLE DRINKS
CONTAINING LESS THAN SEVENTY PERCENT OF NATURAL FRUIT JUICE  OR  NATURAL
VEGETABLE  JUICE,  OR A COMBINATION OF JUICES, ANY FROZEN, FREEZE-DRIED,
OR OTHER CONCENTRATE TO WHICH WATER  IS  ADDED  TO  PRODUCE  A  BEVERAGE
CONTAINING  LESS  THAN SEVENTY PERCENT OF NATURAL FRUIT JUICE OR NATURAL
VEGETABLE JUICE, AND (C) COFFEE AND TEA BOTTLED AS A LIQUID FOR SALE.
  3. "SALE" MEANS ANY TRANSFER OF TITLE OR POSSESSION OR BOTH,  EXCHANGE
OR  BARTER,  RENTAL,  LEASE OR LICENSE TO USE OR CONSUME, CONDITIONAL OR
OTHERWISE, IN ANY MANNER OR BY ANY MEANS WHATSOEVER  FOR  CONSIDERATION,
OR ANY AGREEMENT TO THAT EFFECT.

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

                                                           LBD14346-01-2

A. 10010                            2

  4.  "FOOD  SERVICE  ESTABLISHMENT"  MEANS  ANY AREA, INCLUDING OUTDOOR
SEATING AREAS, IN WHICH THE BUSINESS IS THE SALE OF  FOOD  OR  BEVERAGES
FOR CONSUMPTION ON, OR NEAR, OR OFF ITS PREMISES.
  5.  "STATE CONTRACTOR OR A LESSEE" MEANS ANY PERSON OR ENTITY THAT HAS
A CONTRACT WITH A STATE GOVERNMENT ENTITY FOR A FRANCHISE, CONCESSION OR
LEASE OF PROPERTY, FOR FOOD SERVICES OR SUPPLIES TO BE PURCHASED AT  THE
EXPENSE OF A STATE GOVERNMENT AGENCY.
  S  1399-YY.  SALE  OF  SUGAR SWEETENED BEVERAGES. 1. THE SALE OF SUGAR
SWEETENED BEVERAGES SHALL BE PROHIBITED AT FOOD  SERVICE  ESTABLISHMENTS
AND  VENDING MACHINES LOCATED ON THE PROPERTY OF OR UNDER THE CONTROL OF
ANY STATE GOVERNMENT AGENCY.
  2. THE COMMISSIONER SHALL PROMULGATE SUCH REGULATIONS AS NECESSARY  TO
IMPLEMENT  THE  PROVISIONS  OF  THIS  ARTICLE.  THE REGULATIONS SHALL BE
EFFECTIVE UPON SUCH DATE AS DETERMINED BY  THE  COMMISSIONER;  PROVIDED,
HOWEVER,  THAT  SUCH  REGULATIONS  SHALL  BE  EFFECTIVE  NO EARLIER THAN
SEPTEMBER THIRTIETH, TWO THOUSAND TWELVE AND SHALL APPLY ONLY TO FOOD OR
BEVERAGE CONTRACTS  BETWEEN  A  STATE  GOVERNMENT  ENTITY  AND  A  STATE
CONTRACTOR  OR  LESSEE  THAT  WERE ISSUED, RENEWED, MODIFIED, ALTERED OR
AMENDED AFTER SUCH EFFECTIVE DATE OR DATES.
  3. THE DEPARTMENT SHALL ISSUE A WRITTEN WARNING TO ANY PERSON OR STATE
GOVERNMENT ENTITY IN VIOLATION OF THIS ARTICLE. IF AFTER ISSUING A WRIT-
TEN WARNING OF VIOLATION THE DEPARTMENT FINDS THAT A PERSON CONTINUES TO
VIOLATE SUBDIVISION ONE OF THIS SECTION, THE DEPARTMENT MAY  IMPOSE  THE
VARIOUS  SANCTIONS  PROVIDED  IN  SUBDIVISIONS  FOUR  AND  FIVE  OF THIS
SECTION.
  4. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
GUILTY OF A VIOLATION. IF CHARGED AS A VIOLATION, UPON CONVICTION THERE-
OF, SUCH PERSON SHALL BE PUNISHED FOR THE FIRST OFFENSE BY A FINE OF NOT
MORE  THAN  ONE HUNDRED DOLLARS FOR A FIRST VIOLATION; NOT MORE THAN TWO
HUNDRED DOLLARS FOR A SECOND VIOLATION IN THE SAME  YEAR  AND  NOT  MORE
THAN TWO HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT VIOLATION IN THE SAME
YEAR.
  5. THE DEPARTMENT MAY ISSUE AN ADMINISTRATIVE CIVIL LIABILITY CITATION
TO  SUCH  PERSON  IN AN AMOUNT NOT EXCEEDING ONE HUNDRED DOLLARS FOR THE
FIRST VIOLATION, AN AMOUNT NOT EXCEEDING TWO  HUNDRED  DOLLARS  FOR  THE
SECOND  VIOLATION,  AND NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS FOR EACH
SUBSEQUENT VIOLATION AGAINST THE SAME PERSON.
  S 2. This act shall take effect immediately.