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

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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2018 reported referred to rules
Jun 14, 2018 reported referred to ways and means
Jun 06, 2018 reported referred to codes
May 29, 2018 print number 10383b
May 29, 2018 amend and recommit to agriculture
May 14, 2018 print number 10383a
May 14, 2018 amend and recommit to agriculture
Apr 18, 2018 referred to agriculture

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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Multi-Sponsors

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

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.

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

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Multi-Sponsors

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

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.

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

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Multi-Sponsors

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

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.

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.