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Senate Bill S5292A

2011-2012 Legislative Session

Prohibits the taxation of food and the ingredients therein for any purpose

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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Bill Amendments

2011-S5292 - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Add §36, Tax L
Versions Introduced in 2009-2010 Legislative Session:
S8471

2011-S5292 - Summary

Prohibits the taxation of food and the ingredients therein for any purpose; does not apply to food sold for on-premises consumption or alcoholic beverages.

2011-S5292 - Sponsor Memo

2011-S5292 - Bill Text download pdf

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

                                  5292

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to prohibiting the taxation  of
  food and food products sold for human consumption

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

  Section 1. The tax law is amended by adding a new section 35  to  read
as follows:
  S  35.    TAXATION  OF  FOOD;  PROHIBITED. 1. FOR THE PURPOSES OF THIS
SECTION, "FOOD" SHALL MEAN AND INCLUDE ALL ARTICLES OF  FOOD,  DRINK  OR
CONDIMENT,  WHETHER  SIMPLE,  MIXED  OR  COMPOUND,  USED OR INTENDED FOR
CONSUMPTION BY HUMANS, AND SHALL ALSO INCLUDE ALL SUBSTANCES OR INGREDI-
ENTS ADDED TO OR WHICH CONSTITUTE A PORTION OF A FOOD.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO FOOD SHALL
BE SUBJECT TO ANY FORM OF TAXATION BY THE STATE OR ANY POLITICAL  SUBDI-
VISION THEREOF.
  3.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY FOOD THAT IS
SOLD OR PROCESSED FOR ON-PREMISES CONSUMPTION.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  ANY  ALCOHOLIC
BEVERAGE,  AS  DEFINED BY SUBDIVISION ONE OF SECTION THREE OF THE ALCOH-
OLIC BEVERAGE CONTROL LAW.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04793-01-1


              

2011-S5292A (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Add §36, Tax L
Versions Introduced in 2009-2010 Legislative Session:
S8471

2011-S5292A (ACTIVE) - Summary

Prohibits the taxation of food and the ingredients therein for any purpose; does not apply to food sold for on-premises consumption or alcoholic beverages.

2011-S5292A (ACTIVE) - Sponsor Memo

2011-S5292A (ACTIVE) - Bill Text download pdf

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

                                 5292--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the tax law, in relation to prohibiting the taxation of
  food and food products sold for human consumption

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

  Section  1.  The tax law is amended by adding a new section 36 to read
as follows:
  S 36.   TAXATION OF FOOD; PROHIBITED. 1.  FOR  THE  PURPOSES  OF  THIS
SECTION,  "FOOD"  SHALL  MEAN AND INCLUDE ALL ARTICLES OF FOOD, DRINK OR
CONDIMENT, WHETHER SIMPLE, MIXED  OR  COMPOUND,  USED  OR  INTENDED  FOR
CONSUMPTION BY HUMANS, AND SHALL ALSO INCLUDE ALL SUBSTANCES OR INGREDI-
ENTS ADDED TO OR WHICH CONSTITUTE A PORTION OF A FOOD.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO FOOD SHALL
BE  SUBJECT TO ANY FORM OF TAXATION BY THE STATE OR ANY POLITICAL SUBDI-
VISION THEREOF.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY FOOD THAT  IS
SOLD OR PROCESSED FOR ON-PREMISES CONSUMPTION.
  4.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO ANY ALCOHOLIC
BEVERAGE, AS DEFINED BY SUBDIVISION ONE OF SECTION THREE OF  THE  ALCOH-
OLIC BEVERAGE CONTROL LAW.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04793-02-1


              

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