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Assembly Bill A10383B

2017-2018 Legislative Session

Relates to advertising and labeling of locally produced food

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A10383 - Details

Current Committee:
Assembly Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §211, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:
A1460

2017-A10383 - Summary

Provides that no person, corporation, partnership or limited liability company shall knowingly sell any food product advertised or labeled as "local" unless such food product originated in New York or meets other guidelines established for retail food products.

2017-A10383 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10383
 
                           I N  A S S E M B L Y
 
                              April 18, 2018
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  adver-
   tising and labeling of locally produced food
 
   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 211 to read as follows:
   §  211.  ADVERTISING  AND  LABELING  OF LOCALLY PRODUCED FOODS. 1. FOR
 PURPOSES OF THIS SECTION "FOOD PRODUCT" SHALL HAVE THE SAME  MEANING  AS
 DEFINED IN SECTION ONE HUNDRED NINETY-EIGHT OF THIS ARTICLE.
   2.  NO  PERSON,  CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY
 SHALL KNOWINGLY SELL OR OFFER FOR SALE ANY FOOD  PRODUCT  ADVERTISED  OR
 LABELED  AS "LOCAL", "LOCALLY GROWN", OR ANY SUBSTANTIALLY SIMILAR TERM,
 UNLESS SUCH FOOD PRODUCT ORIGINATED IN NEW YORK  OR  ONE  HUNDRED  MILES
 FROM THE LOCATION WHERE SUCH FOOD PRODUCT IS FOR SALE.
   3.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE
 BY A CIVIL PENALTY NOT TO  EXCEED  FIVE  HUNDRED  DOLLARS  FOR  A  FIRST
 VIOLATION AND ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15318-02-8

co-Sponsors

multi-Sponsors

2017-A10383A - Details

Current Committee:
Assembly Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §211, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:
A1460

2017-A10383A - Summary

Provides that no person, corporation, partnership or limited liability company shall knowingly sell any food product advertised or labeled as "local" unless such food product originated in New York or meets other guidelines established for retail food products.

2017-A10383A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10383--A
 
                           I N  A S S E M B L Y
 
                              April 18, 2018
                                ___________
 
 Introduced  by  M. of A. WOERNER, WRIGHT, D'URSO, LUPARDO, MAGEE, GLICK,
   DiPIETRO, RA -- Multi-Sponsored by -- M. of A. HAWLEY, THIELE --  read
   once  and  referred  to  the  Committee  on  Agriculture  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the agriculture and markets law, in relation  to  adver-
   tising and labeling of locally produced food
 
   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 211 to read as follows:
   §  211.  ADVERTISING  AND  LABELING  OF LOCALLY PRODUCED FOODS. 1. FOR
 PURPOSES OF THIS SECTION "FOOD PRODUCT" SHALL MEAN ALL SINGLE INGREDIENT
 FOOD PRODUCTS AS SUCH TERM IS DEFINED IN  SECTION  ONE  HUNDRED  NINETY-
 EIGHT OF THIS ARTICLE.
   2.  NO  PERSON,  CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY
 SHALL KNOWINGLY SELL OR OFFER FOR SALE ANY FOOD  PRODUCT  ADVERTISED  OR
 LABELED  AS "LOCAL", "LOCALLY GROWN", OR ANY SUBSTANTIALLY SIMILAR TERM,
 UNLESS SUCH FOOD PRODUCT ORIGINATED IN NEW YORK  OR  ONE  HUNDRED  MILES
 FROM THE LOCATION WHERE SUCH FOOD PRODUCT IS FOR SALE.
   3.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE
 BY A CIVIL PENALTY NOT TO  EXCEED  FIVE  HUNDRED  DOLLARS  FOR  A  FIRST
 VIOLATION AND ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15318-03-8

co-Sponsors

multi-Sponsors

2017-A10383B (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §211, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:
A1460

2017-A10383B (ACTIVE) - Summary

Provides that no person, corporation, partnership or limited liability company shall knowingly sell any food product advertised or labeled as "local" unless such food product originated in New York or meets other guidelines established for retail food products.

2017-A10383B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10383--B
 
                           I N  A S S E M B L Y
 
                              April 18, 2018
                                ___________
 
 Introduced  by  M. of A. WOERNER, WRIGHT, D'URSO, LUPARDO, MAGEE, GLICK,
   DiPIETRO, RA, GOTTFRIED, CAHILL -- Multi-Sponsored  by  --  M.  of  A.
   HAWLEY,  THIELE -- read once and referred to the Committee on Agricul-
   ture -- committee  discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- again reported from said
   committee with amendments, ordered reprinted as amended and  recommit-
   ted to said committee
 
 AN  ACT  to amend the agriculture and markets law, in relation to adver-
   tising and labeling of locally produced food
 
   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 211 to read as follows:
   § 211. ADVERTISING AND LABELING OF  LOCALLY  PRODUCED  FOODS.  1.  FOR
 PURPOSES  OF  THIS  SECTION "RETAIL FOOD PRODUCT" SHALL MEAN ARTICLES OF
 FOOD, DRINK,  CONFECTIONARY  OR  CONDIMENT,  WHETHER  SIMPLE,  MIXED  OR
 COMPOUND,  INCLUDING ALL SUBSTANCES OR INGREDIENTS ADDED TO FOOD FOR ANY
 PURPOSE, INTENDED FOR HUMAN CONSUMPTION.
   2. NO PERSON, CORPORATION, PARTNERSHIP OR  LIMITED  LIABILITY  COMPANY
 SHALL KNOWINGLY SELL OR OFFER FOR SALE AT RETAIL ANY RETAIL FOOD PRODUCT
 ADVERTISED  OR  LABELED AS "LOCAL", "LOCALLY GROWN", "LOCALLY PRODUCED",
 "LOCALLY SOURCED" OR ANY SUBSTANTIALLY SIMILAR TERM,  UNLESS  SUCH  FOOD
 PRODUCT:  (I)  IS GROWN, RAISED, OR HARVESTED IN NEW YORK STATE; OR (II)
 ITS COMPONENTS THAT ARE ESSENTIAL TO SUCH PRODUCT'S IDENTITY ARE  GROWN,
 RAISED,  HARVESTED OR PRODUCED IN NEW YORK STATE; OR (III) IS DEFINED IN
 LAW AS NEW YORK STATE LABELLED, MANUFACTURED, OR PRODUCED.
   3. A RETAIL FOOD PRODUCT MAY ALSO BE ADVERTISED OR LABELED AS LOCAL IF
 IT WAS GROWN, RAISED, HARVESTED OR PRODUCED OUTSIDE OF NEW  YORK  STATE,
 OR  CONTAINS  ESSENTIAL  COMPONENTS  NOT  SOURCED IN NEW YORK, IF IT HAS
 ADDITIONAL DESCRIPTIVE LANGUAGE  IDENTIFYING  THE  STATE  OR  REGION  OR
 DISTANCE  FROM  THE  BORDER  OF NEW YORK STATE WHERE SUCH PRODUCT OR ITS
 COMPONENTS THAT ARE ESSENTIAL TO  SUCH  PRODUCT'S  IDENTITY  ARE  GROWN,
 RAISED, HARVESTED OR PRODUCED DISPLAYED ADJACENT TO AND IN THE SAME SIZE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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