S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7036--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general business law, in relation to restricting the
   retail sale of spices which exceed lead level limits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 25-D to read as follows:
                                ARTICLE 25-D
                           RETAIL SALE OF SPICES
 SECTION 389-U. DEFINITIONS.
         389-V. RESTRICTIONS ON THE RETAIL SALE OF SPICES.
         389-W. ENFORCEMENT.
         389-X. PREEMPTION AND SEVERABILITY.
   § 389-U. DEFINITIONS.  AS  USED  IN  THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COMMISSIONER" SHALL MEAN THE COMMISSIONER  OF  THE  DEPARTMENT  OF
 AGRICULTURE AND MARKETS.
   2. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF AGRICULTURE AND MARKETS.
   3. "LEAD" SHALL MEAN THE ELEMENT OF LEAD.
   4.  "RETAILER"  SHALL MEAN ANY PERSON WHO SELLS AT RETAIL ANY SPICE OR
 HERB FOR USE AS AN ADDITIVE.
   5. "RETAIL SALE" OR "SALE AT RETAIL" SHALL MEAN A SALE TO  A  CONSUMER
 OR TO ANY PERSON FOR ANY PURPOSE OTHER THAN FOR RESALE.
   6.  "SPICE"  SHALL MEAN ANY DRIED AROMATIC VEGETABLE SUBSTANCES IN THE
 WHOLE, BROKEN, OR GROUND FORM, EXCEPT FOR THOSE  SUBSTANCES  WHICH  HAVE
 BEEN TRADITIONALLY REGARDED AS FOODS, WHOSE SIGNIFICANT FUNCTION IN FOOD
 IS  SEASONING  RATHER THAN NUTRITIONAL, AND FROM WHICH NO PORTION OF ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11490-02-4
              

 S. 7036--A                          2
 
 VOLATILE OIL OR OTHER FLAVORING PRINCIPLE HAS BEEN REMOVED AND  INCLUDES
 ADDITIONAL  DRIED  PLANTS  USED  AS  SPICES SUCH AS DEHYDRATED ONION AND
 GARLIC, AS WELL AS OTHER DEHYDRATED VEGETABLES USED AS SEASONING. SPICES
 SHALL BE FURTHER DEFINED BY THE FOLLOWING TYPES:
   (A)  "FRUIT AND BERRY SPICES" SHALL MEAN SPICES DERIVED FROM THE FLESH
 OF A FRUIT OR BERRY OF A PLANT AND INCLUDE BUT ARE NOT LIMITED  TO:  (I)
 CAPSICUMS,  WHICH  INCLUDE,  BUT  ARE NOT LIMITED TO, CHILI AND PAPRIKA;
 (II) PEPPERCORNS, WHICH INCLUDE, BUT ARE NOT LIMITED  TO,  WHITE,  PINK,
 BLACK, GREEN OR OTHER VARIETIES; AND (III) ALLSPICE;
   (B)  "ROOT AND RHIZOME SPICES" SHALL MEAN SPICES DERIVED FROM MATERIAL
 FORMING THE ROOTS, BULBS OR RHIZOMES OF A PLANT AND INCLUDE, BUT ARE NOT
 LIMITED TO, TURMERIC, GINGER, ONION AND GARLIC;
   (C) "BARK SPICES" SHALL MEAN SPICES DERIVED FROM THE HARD OUTER COVER-
 ING OF A TREE OR BUSH AND INCLUDE, BUT ARE NOT LIMITED TO, CINNAMON;
   (D) "BUD SPICES" SHALL MEAN SPICES DERIVED FROM THE BUDS OF PLANTS AND
 INCLUDE, BUT ARE NOT LIMITED TO, CLOVES;
   (E) "LEAF SPICES OR HERBS" SHALL MEAN SPICES DERIVED  FROM  THE  DRIED
 LEAVES  OR NEEDLES OF PERENNIAL, BIENNIAL, OR ANNUAL PLANTS AND INCLUDE,
 BUT ARE NOT LIMITED TO, SAGE, ROSEMARY, THYME, OREGANO, BAY  LEAVES  AND
 BASIL;
   (F)  "FLOWER  PISTIL SPICES" SHALL MEAN SPICES DERIVED FROM THE PISTIL
 OF A FLOWER AND INCLUDE, BUT ARE NOT LIMITED TO, SAFFRON; AND
   (G) "SEED AND ARIL SPICES" SHALL MEAN SPICES DERIVED FROM THE SEEDS OR
 A HARD OUTER COVERING OR ARIL AROUND A SEED AND  INCLUDE,  BUT  ARE  NOT
 LIMITED TO, CUMIN, MUSTARD, CELERY, FENNEL, ANISE, NUTMEG AND MACE.
   § 389-V. RESTRICTIONS  ON  THE  RETAIL  SALE OF SPICES. 1. NO RETAILER
 SHALL OFFER FOR SALE AT RETAIL A SPICE WHICH EXCEEDS THE MAXIMUM  LIMITS
 FOR LEAD SET FORTH BELOW.
   2.  THE  PRESENCE  OF ANY LEAD IN ANY SPICE OFFERED FOR SALE AT RETAIL
 SHALL NOT EXCEED 0.60 PARTS PER MILLION (PPM) FOR FRUIT AND BERRY  SPIC-
 ES,  1.5  PPM  FOR ROOT AND RHIZOME SPICES, 2 PPM FOR BARK SPICES, 1 PPM
 FOR BUD SPICES, LEAF SPICES AND FLOWER PISTIL SPICES, AND  0.9  PPM  FOR
 SEED AND ARIL SPICES.
   3.  THE  DEPARTMENT  SHALL  BE  AUTHORIZED  TO UTILIZE ITS ENFORCEMENT
 AUTHORITY TO RECALL SPICES THAT EXCEED THE LEVELS SET FORTH IN  SUBDIVI-
 SION TWO OF THIS SECTION.
   § 389-W. ENFORCEMENT.  WHENEVER THERE SHALL BE A VIOLATION OF SUBDIVI-
 SION TWO OF SECTION THREE  HUNDRED  EIGHTY-NINE-V  OF  THIS  ARTICLE  AN
 APPLICATION  MAY  BE  MADE  BY  THE  ATTORNEY GENERAL IN THE NAME OF THE
 PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDIC-
 TION  BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO
 THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND  RESTRAIN  THE
 CONTINUANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFAC-
 TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED
 SUBDIVISION  TWO OF SECTION THREE HUNDRED EIGHTY-NINE-V OF THIS ARTICLE,
 AN INJUNCTION MAY BE ISSUED BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF SUBDIVISION
 TWO OF SECTION THREE HUNDRED EIGHTY-NINE-V OF THIS ARTICLE HAS OCCURRED,
 THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  MORE  THAN  FIVE  HUNDRED
 DOLLARS  FOR  EACH  VIOLATION.  EACH RETAIL SALE OF A SPICE CONTAMINATED
 WITH LEAD IN EXCESS OF THE MAXIMUM LIMITS SHALL  CONSTITUTE  A  SEPARATE
 S. 7036--A                          3
 
 VIOLATION.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTOR-
 NEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF  THE
 RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
 TICE LAW AND RULES.
   § 389-X. PREEMPTION AND SEVERABILITY. 1. IN THE EVENT THAT THE FEDERAL
 GOVERNMENT  WHETHER  BY  STATUTE OR REGULATION HAS ESTABLISHED A MAXIMUM
 LIMIT OF LEAD IN SPICES SOLD AT RETAIL, SUCH LIMIT SHALL  SUPERSEDE  THE
 PROVISIONS  OF  THIS  ARTICLE AND SHALL APPLY ON AND AFTER THE EFFECTIVE
 DATE OF SUCH CHANGE. PROVIDED,  HOWEVER,  THAT  UNLESS  AND  UNTIL  SUCH
 ADOPTION,  THE  MAXIMUM  LIMIT ESTABLISHED IN THIS ARTICLE SHALL GOVERN,
 AND ANY PROVISION OF ANY LOCAL LAW, ORDINANCE OR ANY RULE OR  REGULATION
 PROMULGATED  BY  THE  DEPARTMENT  SHALL  UPON THE EFFECTIVE DATE OF THIS
 SECTION BE PREEMPTED. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO
 RESTRICT  A  MUNICIPALITY FROM ENFORCING THE PROVISIONS OF THIS SUBDIVI-
 SION AS IT RELATES  TO  INSPECTION  OR  MONITORING  OF  FOOD  SAFETY  AS
 REQUIRED BY THE COMMISSIONER OR THE DEPARTMENT.
   2.  IF ANY PROVISION OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY
 PERSON OR CIRCUMSTANCE IS HELD UNCONSTITUTIONAL, SUCH  INVALIDITY  SHALL
 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
 GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
 END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.