Assembly Bill A9925A

2019-2020 Legislative Session

Relates to imposing an excise tax on sugary drinks

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2019-A9925 - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Add Art 17 §§400 - 407, Tax L; add §99-ii, St Fin L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6857
2023-2024: A5107

2019-A9925 - Summary

Imposes an excise tax on sugary drinks and establishes a children's health promotion fund to utilize the revenues generated by such tax.

2019-A9925 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9925
 
                           I N  A S S E M B L Y
 
                             February 27, 2020
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the tax law and the state finance law,  in  relation  to
   imposing an excise tax on sugary drinks
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The tax law is amended by adding a new article 17  to  read
 as follows:
                                ARTICLE 17
                        EXCISE TAX ON SUGARY DRINKS
 SECTION 400. DEFINITIONS.
         401. IMPOSITION OF EXCISE TAX.
         402. REPORT OF SALES AND REMITTANCE OF TAX.
         403. DEPOSIT AND DISPOSITION OF REVENUE
         404. RECORDS OF DISTRIBUTORS.
         405. EXEMPTIONS.
         406. RULES AND REGULATIONS.
         407. SEVERABILITY.
   § 400. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "BEVERAGE  FOR  MEDICAL  USE"  MEANS A BEVERAGE SUITABLE FOR HUMAN
 CONSUMPTION AND MANUFACTURED FOR USE AS AN ORAL NUTRITIONAL THERAPY  FOR
 PERSONS  WHO  CANNOT ABSORB OR METABOLIZE DIETARY NUTRIENTS FROM FOOD OR
 BEVERAGES, OR FOR USE AS AN ORAL REHYDRATION  ELECTROLYTE  SOLUTION  FOR
 INFANTS  AND  CHILDREN FORMULATED TO PREVENT OR TREAT DEHYDRATION DUE TO
 ILLNESS. "BEVERAGE FOR MEDICAL USE" SHALL ALSO MEAN A "MEDICAL FOOD"  AS
 DEFINED  IN  SECTION  5(B)(3)  OF  THE  ORPHAN  DRUG  ACT  (2113  U.S.C.
 360EE(B)(3)). "BEVERAGE  FOR  MEDICAL  USE"  SHALL  NOT  INCLUDE  DRINKS
 COMMONLY  REFERRED  TO AS "SPORTS DRINKS" OR ANY OTHER COMMON NAMES THAT
 ARE DERIVATIONS THEREOF.
   2. "BOTTLE" MEANS ANY CLOSED OR SEALED CONTAINER REGARDLESS OF SIZE OR
 SHAPE, INCLUDING, WITHOUT LIMITATION, THOSE MADE OF GLASS, METAL, PAPER,
 PLASTIC OR ANY OTHER MATERIAL OR COMBINATION OF MATERIALS.

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

2019-A9925A (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Add Art 17 §§400 - 407, Tax L; add §99-ii, St Fin L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6857
2023-2024: A5107

2019-A9925A (ACTIVE) - Summary

Imposes an excise tax on sugary drinks and establishes a children's health promotion fund to utilize the revenues generated by such tax.

2019-A9925A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9925--A
 
                           I N  A S S E M B L Y
 
                             February 27, 2020
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Ways and Means  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the tax law and the state finance law, in relation to
   imposing an excise tax on sugary drinks
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The tax law is amended by adding a new article 17 to read
 as follows:
                                ARTICLE 17
                        EXCISE TAX ON SUGARY DRINKS
 SECTION 400. DEFINITIONS.
         401. IMPOSITION OF EXCISE TAX.
         402. REPORT OF SALES AND REMITTANCE OF TAX.
         403. DEPOSIT AND DISPOSITION OF REVENUE
         404. RECORDS OF DISTRIBUTORS.
         405. EXEMPTIONS.
         406. RULES AND REGULATIONS.
         407. SEVERABILITY.
   § 400. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "BEVERAGE FOR MEDICAL USE" MEANS  A  BEVERAGE  SUITABLE  FOR  HUMAN
 CONSUMPTION  AND MANUFACTURED FOR USE AS AN ORAL NUTRITIONAL THERAPY FOR
 PERSONS WHO CANNOT ABSORB OR METABOLIZE DIETARY NUTRIENTS FROM  FOOD  OR
 BEVERAGES,  OR  FOR  USE AS AN ORAL REHYDRATION ELECTROLYTE SOLUTION FOR
 INFANTS AND CHILDREN FORMULATED TO PREVENT OR TREAT DEHYDRATION  DUE  TO
 ILLNESS.  "BEVERAGE FOR MEDICAL USE" SHALL ALSO MEAN A "MEDICAL FOOD" AS
 DEFINED  IN  SECTION  5(B)(3)  OF  THE  ORPHAN  DRUG  ACT   (21   U.S.C.
 360EE(B)(3)).  "BEVERAGE  FOR  MEDICAL  USE"  SHALL  NOT  INCLUDE DRINKS
 COMMONLY REFERRED TO AS "SPORTS DRINKS" OR ANY OTHER COMMON  NAMES  THAT
 ARE DERIVATIONS THEREOF.
   2. "BOTTLE" MEANS ANY CLOSED OR SEALED CONTAINER REGARDLESS OF SIZE OR
 SHAPE, INCLUDING, WITHOUT LIMITATION, THOSE MADE OF GLASS, METAL, PAPER,
 PLASTIC OR ANY OTHER MATERIAL OR COMBINATION OF MATERIALS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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