Assembly Bill A6596

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6596
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2023
                                ___________
 
 Introduced by M. of A. REYES, BRAUNSTEIN, ZEBROWSKI, D. ROSENTHAL, BENE-
   DETTO,  EPSTEIN,  GUNTHER, COOK, SIMON, MORINELLO, WILLIAMS, DiPIETRO,
   CRUZ, FAHY, STECK, GLICK, DARLING, TAYLOR -- read once and referred to
   the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  safety
   and quality labels on certain foods and beverages
 
   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. SAFETY AND QUALITY LABELING. 1. DEFINITIONS. FOR THE PURPOSES
 OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PERISHABLE FOOD" SHALL MEAN AND INCLUDE (I) EGGS, GRADE AA, GRADE
 A, AND GRADE B SHELL EGGS;
   (II)  ALL  PRE-PACKAGED, FULLY OR PARTIALLY PREPARED BAKED GOODS WHICH
 HAVE A MOISTURE CONTENT EXCEEDING  EIGHTEEN  PERCENT,  WITH  OR  WITHOUT
 ADDITIVES, KNOWN AS:
   (1) BREADS, ROLLS AND BUNS AS DEFINED PURSUANT TO TITLE 21, CHAPTER 1,
 PART  136.110  OF THE CODE OF FEDERAL REGULATIONS, EXCEPT THOSE KNOWN AS
 FRUITCAKES;
   (2) CAKES, PASTRIES, AND COOKIES, EXCEPT THOSE THAT  ARE  OFFERED  FOR
 SALE IN INDIVIDUAL, PORTION PACK, SNACK-TYPE PACKAGES;
   (3)  ENGLISH  MUFFINS,  CORN  MUFFINS, BRAN MUFFINS, AND OTHER SIMILAR
 PRODUCTS;
   (III) THE FOLLOWING PREPACKAGED DAIRY AND DAIRY-TYPE PRODUCTS:
   (1) THOSE PRODUCTS WITH OR WITHOUT ADDITIVES OR FLAVORINGS,  KNOWN  AS
 CHEESE, AS DEFINED PURSUANT TO TITLE 21, CHAPTER 1, PART 133 OF THE CODE
 OF  FEDERAL  REGULATIONS, THAT CONTAIN FIFTY PERCENT OR MORE MOISTURE IN
 THE FINISHED PRODUCT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05654-01-3
 A. 6596                             2
 
              

   (2) LOW-FAT, MULTI-VITAMIN, MULTI-MINERAL TYPE MILK PRODUCTS WHICH ARE
 NORMALLY STORED AT TEMPERATURES BETWEEN  THIRTY-TWO  DEGREES  FAHRENHEIT
 AND FORTY DEGREES FAHRENHEIT;
   (3) FLAVORED MILK;
   (4)  CULTURED  MILK,  CULTURED  MILK PRODUCTS, CULTURED SKIM-MILK, AND
 CULTURED SKIM-MILK PRODUCTS, WITH OR WITHOUT FRUITS, VEGETABLES,  MEATS,
 CHEESES, OR OTHER ADDITIVES;
   (5) MILK SHAKE;
   (6) EGGNOG;
   (7) YOGURT, MADE FROM SKIM-MILK OR WHOLE MILK, WITH OR WITHOUT FRUITS,
 VEGETABLES, MEATS, OR OTHER ADDITIVES;
   (8) WHIPPED CREAM AND INSTANT WHIPPED CREAM;
   (9)  SOUR  CREAM,  CULTURED  CREAM, SALAD CREAM, AND NON-CULTURED SOUR
 CREAM, WITH OR WITHOUT CULTURED HALF AND HALF;
   (10) SOUR HALF AND HALF, CULTURED HALF  AND  HALF,  NON-CULTURED  SOUR
 HALF AND HALF, AND NON-CULTURED HALF AND HALF;
   (11) DAIRY DRESSING AND DAIRY DIP;
   (12)  NON-DAIRY  COFFEE  CREAMERS WHICH ARE NORMALLY STORED AT TEMPER-
 ATURES BETWEEN THIRTY-TWO DEGREES FAHRENHEIT AND FORTY  DEGREES  FAHREN-
 HEIT; AND
   (IV) ALL PRE-PACKAGED, PREPARED FOODS WHICH REQUIRE REFRIGERATION.
   (B)  "PACKAGED  FOOD" SHALL MEAN FOODS AND BEVERAGES OTHERWISE SUBJECT
 TO THE NUTRITION LABELING REQUIREMENTS OF THE FEDERAL NUTRITION LABELING
 AND EDUCATION ACT OF 1990.
   (C) "SAFETY DATE" SHALL MEAN THE LAST DAY OR DATE FOR SAFE CONSUMPTION
 OR USE OF A PERISHABLE FOOD OR PACKAGED FOOD.
   (D) "QUALITY DATE" SHALL MEAN THE LAST DAY OR DATE FOR THE RECOMMENDED
 CONSUMPTION OR USE OF A PERISHABLE FOOD OR PACKAGED FOOD.
   2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR ANY OTHER
 BUSINESS ASSOCIATION SHALL SELL AT RETAIL OR DISPLAY FOR SALE AT  RETAIL
 ANY  PERISHABLE  FOOD  OR PACKAGED FOOD FOR HUMAN CONSUMPTION UNLESS THE
 CONTAINER OF SUCH PERISHABLE OR PACKAGED FOOD IS CLEARLY MARKED  WITH  A
 SAFETY DATE AND A QUALITY DATE.
   3.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL PROMULGATE RULES AND REGULATIONS REGARDING THE CONTENT AND  PLACE-
 MENT  OF  SAFETY DATES AND QUALITY DATES ON PERISHABLE FOOD AND PACKAGED
 FOOD.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.