senate Bill S6542

2013-2014 Legislative Session

Provides for the regulation of the use of food and food product labeling which states that the product is "gluten-free"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2014 referred to agriculture

S6542 - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง214-o, Ag & Mkts L

S6542 - Summary

Provides for the regulation of the use of food and food product labeling which states that the product is "gluten-free".

S6542 - Sponsor Memo

S6542 - Bill Text download pdf

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

                                  6542

                            I N  S E N A T E

                            February 4, 2014
                               ___________

Introduced  by  Sen.  BALL  --  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
  labeling of gluten-free foods and food products

  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.  LABELING OF GLUTEN-FREE FOODS AND FOOD PRODUCTS. 1. FOR THE
PURPOSES OF THIS SECTION:
  A. "GLUTEN-CONTAINING GRAIN" SHALL MEAN ANY OF THE FOLLOWING GRAINS OR
THEIR CROSSBRED HYBRIDS:
  (1) WHEAT, INCLUDING ANY SPECIES BELONGING TO THE GENUS TRITICUM;
  (2) RYE, INCLUDING ANY SPECIES BELONGING TO THE GENUS SECALE; OR
  (3) BARLEY, INCLUDING ANY SPECIES BELONGING TO THE GENUS HORDEUM.
  B. "GLUTEN" SHALL MEAN THE PROTEINS THAT NATURALLY OCCUR IN A  GLUTEN-
CONTAINING GRAIN AND THAT MY CAUSE ADVERSE HEALTH EFFECTS IN INDIVIDUALS
WITH CELIAC DISEASE.
  C. "GLUTEN-FREE" SHALL MEAN:
  (1) THAT A FOOD OR PRODUCT:
  (A) DOES NOT CONTAIN ANY OF THE FOLLOWING:
  (I) AN INGREDIENT THAT IS A GLUTEN-CONTAINING GRAIN,
  (II)  AN INGREDIENT THAT IS DERIVED FROM A GLUTEN-CONTAINING GRAIN AND
THAT HAS NOT BEEN PROCESSED TO REMOVE GLUTEN, OR
  (III) AN INGREDIENT THAT IS DERIVED FROM A GLUTEN-CONTAINING GRAIN AND
THAT HAS BEEN PROCESSED TO REMOVE GLUTEN, IF THE USE OF SUCH  INGREDIENT
RESULTS IN THE PRESENCE OF TWENTY PARTS PER MILLION OR MORE OF GLUTEN IN
THE FOOD OR FOOD PRODUCT; OR
  (B) INHERENTLY DOES NOT CONTAIN GLUTEN; AND
  (2)  ANY UNAVOIDABLE PRESENCE OF GLUTEN IN THE FOOD OR FOOD PRODUCT IS
BELOW TWENTY PARTS PER MILLION.
  2. A. ANY FOOD OR FOOD PRODUCT WHICH INCLUDES IN ITS LABELING THE TERM
"GLUTEN-FREE", "NO GLUTEN", "FREE OF GLUTEN" OR "WITHOUT  GLUTEN"  WHICH
IS NOT GLUTEN FREE SHALL BE DEEMED MISBRANDED.

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

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