Senate Bill S3321

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

                                  3321

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

Introduced  by  Sens.  GRIFFO,  LARKIN,  RANZENHOFER  --  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 the
  definition of honey and standards for honey sold in this state; and to
  repeal section 205 of such law relating thereto

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

  Section  1. Section 205 of the agriculture and markets law is REPEALED
and a new section 205 is added to read as follows:
  S 205. HONEY. 1. FOR PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "HONEY"  SHALL MEAN THE NATURAL SWEET SUBSTANCE PRODUCED BY HONEY-
BEES FROM THE NECTAR OF PLANTS OR EXCRETIONS OF PLANT SUCKING INSECTS ON
THE LIVING PARTS OF PLANTS, WHICH BEES COLLECT, TRANSFORM  BY  COMBINING
SUCH  SUBSTANCE  WITH  SPECIFIC  SUBSTANCES OF THEIR OWN, DEPOSIT, DEHY-
DRATE, STORE, AND LEAVE IN THE HONEYCOMB TO RIPEN AND MATURE.
  B. "BLOSSOM HONEY" OR "NECTAR HONEY" SHALL MEAN THE HONEY  THAT  COMES
FROM THE NECTAR OR NECTARS OF A PLANT OR PLANTS.
  C.  "HONEYDEW  HONEY"  MEANS  THE  HONEY THAT COMES PRIMARILY FROM THE
EXCRETIONS OF PLANT SUCKING  INSECTS  (HEMIPTERA)  ON  LIVING  PARTS  OF
PLANTS.
  2. HONEY SHALL CONSIST OF DIFFERENT SUGARS, PREDOMINANTLY FRUCTOSE AND
GLUCOSE,  AS  WELL  AS  OTHER  SUBSTANCES, INCLUDING, BUT NOT LIMITED TO
ORGANIC  ACIDS,  ENZYMES,  AND  SOLID  PARTICLES  DERIVED   FROM   HONEY
COLLECTION.    THE COLOR OF HONEY MAY VARY FROM NEARLY COLORLESS TO DARK
BROWN. THE CONSISTENCY OF HONEY MAY BE FLUID, VISCOUS, OR  PARTIALLY  TO
COMPLETELY  CRYSTALLIZED.  THE  FLAVOR  AND  AROMA OF HONEY MAY VARY BUT
SHALL BE DERIVED FROM PLANT ORIGIN.
  3. HONEY SOLD IN THIS STATE SHALL MEET THE STANDARDS SET FORTH IN THIS
SECTION AND SHALL NOT HAVE ADDED TO IT ANY  FOOD  INGREDIENT,  INCLUDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09334-01-1
              

S. 3321                             2

FOOD  ADDITIVES,  NOR  SHALL ANY OTHER ADDITIONS OR ADDITIVES BE MADE TO
SUCH HONEY.  HONEY SHALL NOT HAVE ANY FOREIGN  MATTER,  OR  ANY  FLAVOR,
AROMA,  OR  TAINT ABSORBED FROM FOREIGN MATTER DURING ITS PROCESSING AND
STORAGE.  HONEY  SHALL  NOT  HAVE  BEGUN TO FERMENT OR EFFERVESCE AND NO
POLLEN OR CONSTITUENT PARTICULAR TO HONEY MAY BE  REMOVED  EXCEPT  WHERE
UNAVOIDABLE IN THE REMOVAL OF FOREIGN ORGANIC OR INORGANIC MATTER. HONEY
MAY CONTAIN THE HIVE PRODUCTS BEESWAX AND PROPOLIS.
  4. HONEY SOLD IN THIS STATE SHALL MEET THE FOLLOWING STANDARDS:
  A.  HONEY  SHALL NOT BE HEATED OR PROCESSED TO SUCH AN EXTENT THAT ITS
ESSENTIAL COMPOSITION IS CHANGED OR ITS QUALITY IMPAIRED.
  B. CHEMICAL OR BIOCHEMICAL TREATMENTS SHALL NOT BE USED  TO  INFLUENCE
HONEY CRYSTALLIZATION.
  C. HONEY SHALL NOT CONTAIN MORE THAN 18.6 PERCENT MOISTURE CONTENT.
  D.  HONEY  SHALL  NOT  CONTAIN  LESS  THAN  SIXTY PERCENT FRUCTOSE AND
GLUCOSE, COMBINED.
  E. HONEYDEW HONEY AND BLENDS OF  HONEYDEW  HONEY  WITH  BLOSSOM  HONEY
SHALL  NOT  CONTAIN  LESS  THAN FORTY-FIVE PERCENT FRUCTOSE AND GLUCOSE,
COMBINED.
  F. BLOSSOM HONEY SHALL NOT CONTAIN MORE  THAN  FIVE  PERCENT  SUCROSE,
EXCEPT FOR THE FOLLOWING:
  (I)  ALFALFA (MEDICAGO SATIVA), CITRUS SUBSPECIES, FALSE ACACIA (ROHI-
NIA PSEUDO ACACIA), FRENCH  HONEYSUCKLE  (HEDYSARUM),  MENZIES  BANKSIAS
(BANKSIA  MENISCII),  RED  GUM  (EUCALYPSIS  CAMALDULENSIS), LEATHERWOOD
(EUCRYPHIA LUCIDA), AND  EUCRYPHIA  MILLIGANI  MAY  CONTAIN  UP  TO  TEN
PERCENT SUCROSE.
  (II)  LAVENDER  (LAVANDULA  SPP.)  AND BORAGE (BORAGE OFFICINALIS) MAY
CONTAIN UP TO FIFTEEN PERCENT SUCROSE.
  S 2. Section 206 of the agriculture and markets  law,  as  amended  by
chapter 423 of the laws of 1979, is amended to read as follows:
  S 206. Relative  to  selling  a commodity in imitation or semblance of
honey.  No person or persons shall package, label, sell, keep for  sale,
expose  or  offer  for  sale,  any  article  or  product in imitation or
semblance of honey depicting thereon a picture  or  drawing  of  a  bee,
beehive  or  honeycomb,  or  branded  as  "honey,"  "liquid or extracted
honey," "strained honey" or "pure honey" which is not  [pure]  honey  AS
SUCH  TERM  IS  DEFINED  IN SECTION TWO HUNDRED FIVE OF THIS ARTICLE. No
person or persons, firm,  association,  company  or  corporation,  shall
manufacture,  sell,  expose  or  offer for sale, any compound or mixture
branded or labeled as and for honey which shall  be  made  up  of  honey
mixed  with  any  other substance or ingredient. There may be printed on
the package containing such compound or mixture a statement  giving  the
ingredients  of which it is made; if honey is one of such ingredients it
shall be so stated in the same size type as are the  other  ingredients,
but  it  shall  not  be packaged, sold, exposed for sale, or offered for
sale as honey; nor shall such compound or mixture be branded or  labeled
with  the  word  "honey"  in any form other than as herein provided; nor
shall any product in semblance of honey, whether a mixture  or  not,  be
sold,  exposed  or offered for sale as honey, or branded or labeled with
the word "honey," unless such article is [pure] honey AS  SUCH  TERM  IS
DEFINED  IN SECTION TWO HUNDRED FIVE OF THIS ARTICLE. A product which is
in semblance or imitation of liquid honey shall  be  labeled  as  "honey
flavored  syrup" or "artificially honey flavored syrup", as is appropri-
ate.
  S 3. This act shall take effect immediately.