senate Bill S777

2011-2012 Legislative Session

Authorizes the production for retail sale and the retail sale of raw, untreated milk for human consumption

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to agriculture
Jan 05, 2011 referred to agriculture

S777 - Bill Details

See Assembly Version of this Bill:
A5992
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง46-b, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
A6610, S2428

S777 - Bill Texts

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Authorizes the production for retail sale and the retail sale of raw, untreated milk for human consumption.

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BILL NUMBER:S777

TITLE OF BILL:

An act
to amend the agriculture and markets law, in relation to authorizing the
production for retail sale and retail sale of raw milk

PURPOSE:

This bill allows for the production and sale of raw milk directly to
consumers for off-site consumption at retail points of sale off the
farm site where such milk was produced.

SUMMARY OF PROVISIONS:

This legislation creates a new section in NYS Agriculture and Markets
Law which allows for the production and sale of raw milk directly to
consumers for off-site consumption at retail points of sale off the
farm site where such milk was produced.

The Department of Agriculture and Markets shall promulgate relations
to govern the production, packaging and labeling, and transportation
of raw milk for off-site consumption at retail points of sale off the
farm site where such milk was produced. Appropriate signage notifying
consumers of the sale of raw milk and that raw milk lacks the
protection of pasteurization is to be posted all points of sale.

JUSTIFICATION:

As part of the growing consumer trend to purchase local and/or organic
farm products, there has been increasing consumer demand for raw
milk. This bill responds to this expanding niche market, gives New
York dairy producers another outlet to sell their product and helps
dairy operations grow their business.
Currently, raw milk may only be purchased by consumers at the farm
where such milk is produced.
Under strict requirements by the Department of Agriculture and
Markets, this legislation allows for the production and sale of raw
milk directly to consumers for off-site consumption at retail points
of sale off the farm site where such milk was produced.

LEGISLATIVE HISTORY:

2009-2010: S.2428/A/6610 Referred to Consumer Protections
2008: S.6827/A.10870 Referred to Consumer Protections

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

180 days after enactment into law, with provisions.


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

                                   777

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  author-
  izing the production for retail sale and retail sale of raw milk

  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 46-b to read as follows:
  S  46-B.  PRODUCTION  AND RETAIL SALE OF RAW MILK.  1. NOTWITHSTANDING
ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, THE PRODUCTION FOR RETAIL
SALE AND THE RETAIL SALE OF RAW, UNTREATED MILK  FOR  HUMAN  CONSUMPTION
SHALL  BE AUTHORIZED IN THIS STATE. THE PRODUCTION, PACKAGING, TRANSPOR-
TATION AND SALE OF SUCH MILK SHALL BE SUBJECT TO SUCH  RULES  AND  REGU-
LATIONS  AS  SHALL  BE DEEMED NECESSARY BY THE DEPARTMENT. A COPY OF ALL
SUCH RULES AND REGULATIONS SHALL BE PROVIDED TO THE DEPARTMENT OF HEALTH
FOR COMMENT PRIOR TO THE EFFECTIVE DATE THEREOF.
  2. EVERY PERSON ENGAGED IN THE PRODUCTION OF RAW, UNTREATED  MILK  FOR
HUMAN CONSUMPTION SHALL HOLD A PERMIT ISSUED BY THE COMMISSIONER.
  3.  ALL  RAW, UNTREATED MILK FOR HUMAN CONSUMPTION PRODUCED FOR RETAIL
SALE SHALL BE TRANSPORTED  AND  SOLD  IN  A  BOTTLE  OR  SINGLE  SERVICE
CONTAINER MECHANICALLY FILLED AND CAPPED.
  4.  EVERY  CONTAINER OF RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SOLD
AT RETAIL SHALL BE LABELED WITH A WARNING THAT SUCH MILK IS NOT  PASTEU-
RIZED  AND SUCH ADDITIONAL WARNINGS AND SPECIFICATIONS AS THE DEPARTMENT
MAY REQUIRE.
  5. RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SHALL BE SOLD  AT  RETAIL
ONLY FOR CONSUMPTION OFF THE PREMISES OF THE PERSON OR BUSINESS ENGAGING
IN  SUCH  RETAIL  SALE. NO SUCH MILK SHALL BE AUTHORIZED TO BE SOLD IN A
VENDING MACHINE. EVERY PERSON AND BUSINESS ENGAGED IN THE RETAIL SALE OF
RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SHALL  CONSPICUOUSLY  POST  AT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03198-01-1

S. 777                              2

THE  POINT OF SALE A SIGN WHICH READS AS FOLLOWS: "NOTICE: RAW MILK SOLD
HERE. RAW MILK DOES NOT PROVIDE THE PROTECTION OF PASTEURIZATION."
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law. Provided that any rules and regulations
necessary to implement the provisions of this act on its effective  date
are  immediately  authorized  and  directed to be completed on or before
such date.

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