Assembly Bill A7714

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

                                  7714

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to requiring a
  warning to be printed on baby-bottle and sippy cup packaging  concern-
  ing tooth decay

  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
391-r to read as follows:
  S 391-R. BABY-BOTTLES AND SIPPY CUPS; LABEL REQUIRED. 1.  DEFINITIONS.
AS USED IN THIS SECTION, THE TERM:
  A. "SIPPY CUP" SHALL MEAN A VESSEL WITH A DUCK-BILLED LID, BILL-SHAPED
EXTENSION OR BILL-SHAPED SPOUT PRIMARILY INTENDED FOR  USE  BY  CHILDREN
UNDER FIVE YEARS OF AGE;
  B. "PACKAGING" SHALL MEAN ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT
IS USED TO CONTAIN OR HOLD AN INDIVIDUAL OR GROUP OF BABY-BOTTLES AND/OR
SIPPY  CUPS  WHEN  SOLD  TO CONSUMERS.   PACKAGING SHALL NOT INCLUDE THE
CONTAINER, ARTICLE, OR ITEM THAT IS USED TO CONTAIN OR HOLD AN  INDIVID-
UAL  OR GROUP OF BABY-BOTTLES AND/OR SIPPY CUPS WHEN SUCH ARE SHIPPED TO
THE MERCHANT OR RETAILER.
  2. A. EVERY MANUFACTURER OR IMPORTER OF BABY-BOTTLES AND/OR SIPPY CUPS
SOLD OR DISTRIBUTED IN NEW YORK STATE SHALL  CLEARLY  AND  CONSPICUOUSLY
LABEL  SUCH  PRODUCT,  OR  ITS PACKAGING IN LIKE OR SIMILAR TERMS TO THE
FOLLOWING:
  "WARNING: ALLOWING YOUR CHILD TO USE THIS PRODUCT FOR PROLONGED  PERI-
ODS  SEPARATE  FROM  REGULAR  MEALTIMES OR TO GO TO SLEEP WHILE DRINKING
LIQUIDS, OTHER THAN WATER, FROM THIS BABY-BOTTLE OR SIPPY CUP (WHICHEVER
IS APPLICABLE TO THE PRODUCT UPON WHICH THE LABEL WILL  BE  PLACED)  MAY
CAUSE OR CONTRIBUTE TO EARLY CHILDHOOD TOOTH DECAY."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10556-01-1

A. 7714                             2
              

  B.  THIS  SUBDIVISION  SHALL APPLY ONLY TO BABY-BOTTLES AND SIPPY CUPS
MANUFACTURED OR IMPORTED  ON  AND  AFTER  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  3. 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  DEFENDANT  OF
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS ARTICLE, 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.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION.  WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS ARTI-
CLE HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE  THAN
FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND NOT MORE THAN ONE THOU-
SAND  DOLLARS  FOR ANY SUBSEQUENT VIOLATION. IN CONNECTION WITH ANY SUCH
PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF
AND MAKE A DETERMINATION 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 one hundred eightieth day after
it shall have become a law.