S T A T E O F N E W Y O R K
________________________________________________________________________
9604
I N A S S E M B L Y
January 27, 2020
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to supple-
menting food and beverage nutrient information with colors depending
on the total amount of the nutrient in such product
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-p to read as follows:
§ 214-P. NUTRITION LABELING OF FOOD AND BEVERAGE PRODUCTS. 1. ANY
FOOD OR BEVERAGE WITH A NUTRITIONAL FACT LABEL OR OTHER DOCUMENTATION
FROM A MANUFACTURER LIST IDENTIFYING NUTRIENTS SHALL INDICATE THE AMOUNT
OF TOTAL FAT, SATURATED FAT, TOTAL SUGARS AND SODIUM IN SUCH FOOD OR
BEVERAGE AND SUPPLEMENT SUCH INFORMATION WITH A COLOR DEPENDING ON THE
AMOUNT OF THE NUTRIENT IN THE PRODUCT.
2. THE FOLLOWING NUTRIENTS SHALL BE COLORED GREEN IF THE FOOD PRODUCT
CONTAINS A TOTAL AMOUNT THAT IS:
(A) LESS THAN OR EQUAL TO THREE GRAMS PER ONE HUNDRED GRAMS OF TOTAL
FAT.
(B) LESS THAN OR EQUAL TO ONE AND ONE-HALF GRAMS PER ONE HUNDRED GRAMS
OF SATURATED FAT.
(C) LESS THAN OR EQUAL TO FIVE GRAMS PER ONE HUNDRED GRAMS OF TOTAL
SUGARS.
(D) LESS THAN OR EQUAL TO ONE HUNDRED TWENTY MILLIGRAMS PER ONE
HUNDRED GRAMS OF SODIUM.
3. THE FOLLOWING NUTRIENTS SHALL BE COLORED AMBER IF THE FOOD PRODUCT
CONTAINS A TOTAL AMOUNT THAT IS:
(A) BETWEEN THREE AND SEVENTEEN AND ONE-HALF GRAMS PER ONE HUNDRED
GRAMS OF TOTAL FAT.
(B) BETWEEN ONE AND ONE-HALF AND FIVE GRAMS PER ONE HUNDRED GRAMS OF
SATURATED FAT.
(C) BETWEEN FIVE AND TWENTY-TWO AND ONE-HALF GRAMS PER ONE HUNDRED
GRAMS OF TOTAL SUGARS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14444-01-9
A. 9604 2
(D) BETWEEN ONE HUNDRED TWENTY AND SIX HUNDRED MILLIGRAMS PER ONE
HUNDRED GRAMS OF SODIUM.
4. THE FOLLOWING NUTRIENTS SHALL BE COLORED RED IF THE FOOD PRODUCT
CONTAINS A TOTAL AMOUNT THAT IS:
(A) MORE THAN SEVENTEEN AND ONE-HALF GRAMS PER ONE HUNDRED GRAMS OR
MORE THAN TWENTY-ONE GRAMS PER SERVING OF TOTAL FAT.
(B) MORE THAN FIVE GRAMS PER ONE HUNDRED GRAMS OR MORE THAN SIX GRAMS
PER SERVING OF SATURATED FAT.
(C) MORE THAN TWENTY-TWO AND ONE-HALF GRAMS PER ONE HUNDRED GRAMS OR
MORE THAN TWENTY-SEVEN GRAMS PER SERVING OF TOTAL SUGARS.
(D) MORE THAN SIX HUNDRED MILLIGRAMS PER ONE HUNDRED GRAMS OR MORE
THAN SEVEN HUNDRED TWENTY MILLIGRAMS PER SERVING OF SODIUM.
5. THE FOLLOWING NUTRIENTS SHALL BE COLORED GREEN IF THE BEVERAGE
CONTAINS A TOTAL AMOUNT THAT IS:
(A) LESS THAN OR EQUAL TO ONE AND ONE-HALF GRAMS PER ONE HUNDRED
MILLILITERS OF TOTAL FAT.
(B) LESS THAN OR EQUAL TO THREE QUARTERS GRAMS PER ONE HUNDRED MILLI-
LITERS OF SATURATED FAT.
(C) LESS THAN OR EQUAL TO TWO AND ONE-HALF GRAMS PER ONE HUNDRED
MILLILITERS OF TOTAL SUGARS.
(D) LESS THAN OR EQUAL TO ONE HUNDRED TWENTY MILLIGRAMS PER ONE
HUNDRED MILLILITERS OF SODIUM.
6. THE FOLLOWING NUTRIENTS SHALL BE COLORED AMBER IF THE BEVERAGE
CONTAINS A TOTAL AMOUNT THAT IS:
(A) BETWEEN ONE AND ONE-HALF AND EIGHT AND THREE QUARTERS GRAMS PER
ONE HUNDRED MILLILITERS OF TOTAL FAT.
(B) BETWEEN THREE QUARTERS AND TWO AND ONE-HALF GRAMS PER ONE HUNDRED
MILLILITERS OF SATURATED FAT.
(C) BETWEEN TWO AND ONE-HALF AND ELEVEN AND ONE QUARTER GRAMS PER ONE
HUNDRED MILLILITERS OF TOTAL SUGARS.
(D) BETWEEN ONE HUNDRED TWENTY AND THREE HUNDRED MILLIGRAMS PER ONE
HUNDRED MILLILITERS OF SODIUM.
7. THE FOLLOWING NUTRIENTS SHALL BE COLORED RED IF THE BEVERAGE
CONTAINS A TOTAL AMOUNT THAT IS:
(A) MORE THAN EIGHT AND THREE QUARTERS GRAMS PER ONE HUNDRED MILLILI-
TERS OR MORE THAN TEN AND ONE-HALF GRAMS PER SERVING OF TOTAL FAT.
(B) MORE THAN TWO AND ONE-HALF GRAMS PER ONE HUNDRED MILLILITERS OR
MORE THAN THREE GRAMS PER SERVING OF SATURATED FAT.
(C) MORE THAN ELEVEN AND ONE QUARTER GRAMS PER ONE HUNDRED MILLILITERS
OR MORE THAN THIRTEEN AND ONE-HALF GRAMS PER SERVING OF TOTAL SUGARS.
(D) MORE THAN THREE HUNDRED MILLIGRAMS PER ONE HUNDRED MILLILITERS OR
MORE THAN FOUR HUNDRED MILLIGRAMS PER SERVING OF SODIUM.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.