A07461 Summary:

BILL NOA07461B
 
SAME ASSAME AS S01147-C
 
SPONSORKim
 
COSPNSRBraunstein
 
MLTSPNSR
 
Add 214-o, amd 190, Ag & Mkts L
 
Requires certain information to be included on labeling of fish by fish wholesalers.
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A07461 Actions:

BILL NOA07461B
 
05/12/2015referred to agriculture
01/06/2016referred to agriculture
05/04/2016amend and recommit to agriculture
05/04/2016print number 7461a
05/10/2016reported referred to ways and means
06/14/2016amend and recommit to ways and means
06/14/2016print number 7461b
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A07461 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7461B
 
SPONSOR: Kim (MS)
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to labeling requirements for fish wholesalers   PURPOSE OR GENERAL IDEA OF BILL: This legislation amends the Agriculture and Markets law to require that wholesalers of fish in sealed containers provide labels that include fish identity, weight or other measure, contact information for the packer and the state where the fish was from.   SUMMARY OF PROVISIONS: Section one amends subdivision 2 of section 190 of the Agriculture and Markets law (AGM) to provide that wholesale fish may require labeling specified in section 214-0 AGM. Section two adds a new section 214-o of AGM to require wholesalers who sell fish in sealed containers to provide labeling of: (a) the identity and the weight, standard measure or numerical count of the fish; (b) the name and address of the shipper, packer or distributor; and (c) the state of the origin. The provisions of this section of the bill are deemed to comply with. and be implemented in accordance to, any federal law, rule or regulation relating to fish. Section three provides that this act shall take effect one hundred and eighty days after it becomes law. It also provides for the regulations to be promulgated within one hundred and twenty days of the act becoming law.   JUSTIFICATION: Under the existing federal law, wholesalers of fish/seafood are required to attach labels that provide correct information of the weight, identi- ty and origin of the fish/seafood offered for sale. In addition, federal law requires the label to contain the name and address of the shipper, packer, or distributor of the fish product. While law exists to prevent mislabeling of fish and seafood, media reports and studies indicate that there is widespread non-compliance with existing federal statutes in labeling fish products. Various inci- dents have been reported at wholesale markets where wholesalers remove the original label affixed on fish containers only to replace them with a new label or handwritten note that provides inaccurate counts and net weights (short-weight), and misidentifies the name and origin of fish. These instances result in retailers receiving less for their money, costing legitimate business sales, and reducing confidence in the seafood product purchased by both retailers and consumers. This bill proposes to address the problem of weight deception, species substitution, and improper labeling.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the commissioner is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
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A07461 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7461--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 12, 2015
                                       ___________
 
        Introduced  by M. of A. KIM, BRAUNSTEIN -- read once and referred to the
          Committee on Agriculture -- recommitted to the Committee  on  Agricul-
          ture  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported 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 agriculture and markets law, in relation to labeling
          requirements for fish wholesalers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Subdivision  2  of  section  190 of the agriculture and
     2  markets law, as added by chapter 874 of the laws of 1977, is amended  to
     3  read as follows:
     4    2.  All  food and food products which are sold, offered or exposed for
     5  sale by wholesalers, packers, distributors or jobbers shall be sold,  or
     6  offered or exposed for sale by net weight, standard measure or numerical
     7  count  and  shall  be  plainly  marked, in such form or manner as may be
     8  prescribed by the commissioner, by such person offering the food or food
     9  products  for  sale  except  that,  unless  required  pursuant  to   the
    10  provisions  of  section two hundred fourteen-o of this chapter, it shall
    11  not be necessary to so mark meat, meat  products  or  fish,  other  than
    12  shellfish  in natural form, provided the net weight be stated on a writ-
    13  ten invoice and on the shipping container of the meat, meat  product  or
    14  fish.
    15    §  2.  The  agriculture  and  markets  law  is amended by adding a new
    16  section 214-o to read as follows:
    17    § 214-o. Labeling requirements for fish wholesalers.   1.  Any  whole-
    18  saler  that  sells,  offers  for  sale,  transports  or transacts in the
    19  purchase or sale of fish for human consumption and packages such fish in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02239-12-6

        A. 7461--B                          2
 
     1  sealed containers, shall cause such containers  to  be  clearly  labeled
     2  with the following:
     3    (a)  the  identity and the weight, standard measure or numerical count
     4  of the fish;
     5    (b) the name and address of the shipper, packer or distributor  there-
     6  of; and
     7    (c) the state of the origin thereof.
     8    2.  The  provisions of this section shall be deemed to comply with and
     9  shall be implemented in accordance to any federal  law,  rule  or  regu-
    10  lation relating to fish.
    11    § 3. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law; provided, however, that effective immediate-
    13  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    14  necessary for the implementation of this act on its effective  date  are
    15  authorized  and  directed  to  be  made  and completed on or before such
    16  effective date.
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