S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6491
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SCHIMMINGER,  MAGEE, THIELE -- read once and
   referred to the Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation  to  increasing  the  exemption
   from  sales  and use taxes for food and drink sold through any vending
   machine

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph 1 of subdivision (a) of section 1115 of the tax
 law, as amended by section 1 of part II of chapter 59  of  the  laws  of
 2014, is amended to read as follows:
   (1)  Food,  food products, beverages, dietary foods and health supple-
 ments, sold for human  consumption  but  not  including  (i)  candy  and
 confectionery, (ii) fruit drinks which contain less than seventy percent
 of  natural  fruit juice, (iii) soft drinks, sodas and beverages such as
 are ordinarily dispensed at soda fountains or  in  connection  therewith
 (other than coffee, tea and cocoa) and (iv) beer, wine or other alcohol-
 ic  beverages,  all  of  which  shall be subject to the retail sales and
 compensating use taxes, whether or not the item is sold in liquid  form.
 The  food  and  drink excluded from the exemption provided by this para-
 graph under subparagraphs (i), (ii) and (iii) of this paragraph shall be
 exempt under this paragraph when sold for [one dollar and  fifty  cents]
 TWO  DOLLARS or less through any vending machine activated by the use of
 coin, currency, credit card or debit card. With  the  exception  of  the
 provision  in this paragraph providing for an exemption for certain food
 or drink sold for [one dollar and  fifty  cents]  TWO  DOLLARS  or  less
 through vending machines, nothing herein shall be construed as exempting
 food  or  drink  from  the  tax imposed under subdivision (d) of section
 eleven hundred five of this article.
   § 2. This act shall take effect on the first  day  of  the  sales  tax
 quarterly period, as described in subdivision (b) of section 1136 of the
 tax  law,  beginning at least 90 days after the date this act shall have
 become a law and shall apply in accordance with the  applicable  transi-
 tional provisions of sections 1106 and 1217 of the tax law.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09071-01-7