S T A T E O F N E W Y O R K
________________________________________________________________________
3574
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
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Introduced by M. of A. P. RIVERA, HOOPER, BARRON -- Multi-Sponsored by
-- M. of A. BOYLAND, CASTRO, COOK, CRESPO, GIBSON, GUNTHER, JACOBS,
MAISEL, MARKEY, McDONOUGH, MILLMAN, PERRY, N. RIVERA, ROBINSON,
TITONE, TOBACCO, TOWNS -- read once and referred to the Committee on
Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing warning labels on food products which contain sodium benzoate
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 214-o to read as follows:
S 214-O. WARNING LABELS ON FOOD PRODUCTS CONTAINING SODIUM BENZOATE.
1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SECTION ONE HUNDRED
NINETY-NINE-B OF THIS ARTICLE, IF ANY PERSON, FIRM, CORPORATION, PART-
NERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION OR ANY OTHER BUSINESS
ASSOCIATION SELLS OR DISPLAYS FOR RETAIL SALE ANY FOOD PRODUCT CONTAIN-
ING THE ARTIFICIAL FOOD COLORING AND PRESERVATIVE SODIUM BENZOATE, THE
PACKAGING OF SUCH FOOD SHALL BEAR A WARNING LABEL AS PRESCRIBED IN THIS
SECTION WHICH SHALL BE PRINTED THEREON OR ATTACHED THERETO. SUCH WARNING
LABEL SHALL BE IN LETTERS NOT LESS THAN EIGHT POINT TYPE AND SHALL
APPEAR IN A BLACK BOX ON THE PACKAGE, AND SHALL CONTAIN THE FOLLOWING
STATEMENT: "WARNING: THE ARTIFICIAL FOOD COLORINGS AND/OR PRESERVATIVES
USED TO PROCESS THIS FOOD PRODUCT COULD POSE A SERIOUS HEALTH HAZARD TO
CHILDREN. PLEASE USE CAUTION."
2. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY
COMPANY, ASSOCIATION OR ANY OTHER BUSINESS ASSOCIATION, OR ITS OFFICERS
OR AGENTS WHO OR WHICH VIOLATE ANY OF THE PROVISIONS OF THIS SECTION OR
ANY RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS SECTION SHALL BE
LIABLE FOR A CIVIL PENALTY OF TEN THOUSAND DOLLARS PER EACH FOOD PRODUCT
WHICH VIOLATES THE PROVISIONS OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01207-01-1
A. 3574 2
3. THE COMMISSIONER SHALL HAVE THE AUTHORITY AND POWER TO PRESCRIBE BY
REGULATIONS THE LABELING OF THE FOOD PRODUCTS IN SUBDIVISION ONE OF THIS
SECTION WHICH ARE NOT SOLD BY PACKAGE OR CONTAINER.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided that the commissioner of agricul-
ture and markets is authorized and directed to promulgate any rules or
regulations necessary for the timely implementation of this act before
such effective date.