A07461 Summary:

BILL NOA07461A
 
SAME ASNo Same As
 
SPONSORKim
 
COSPNSRBraunstein
 
MLTSPNSR
 
Amd 190, Ag & Mkts L
 
Requires certain information to be included on labeling of seafood by fish wholesalers.
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A07461 Actions:

BILL NOA07461A
 
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
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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: A7461A
 
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 the Commissioner of the Department of Agriculture and Markets promulgate regulations that will make New York law consistent with federal law in relation to the sale of fish in wholesale markets.   SUMMARY OF PROVISIONS: Section one amends the Agriculture and Markets law to require the commissioner to promulgate regulations for the sale of fish in wholesale markets. Section two provides that this act shall take effect one hundred and twenty 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 by requiring the Commissioner of the Department of Agriculture and Markets to promulgate regulations to ensure that New York law tracks federal law.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth 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--A
 
                               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

        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 markets
     2  law,  as added by chapter 874 of the laws of 1977, is amended to read as
     3  follows:
     4    2. (a) All food and food products which are sold, offered  or  exposed
     5  for sale by wholesalers, packers, distributors or jobbers shall be sold,
     6  or offered or exposed for sale by net weight, standard measure or numer-
     7  ical 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 it shall not be necessary to so mark meat,
    10  meat  products  or  fish, other than shellfish in natural form, provided
    11  the net weight be stated on  a  written  invoice  and  on  the  shipping
    12  container of the meat, meat product or fish.
    13    (b)  The  commissioner  shall  promulgate regulations, consistent with
    14  applicable federal laws and regulations, for the sale of fresh  fish  or
    15  seafood  in  a  natural  form  by  wholesalers, packers, distributors or
    16  jobbers specifying the manner that the  net  weight  of  such  fish  and
    17  seafood  is  provided  to  purchasers,  including,  but  not limited to,
    18  accounting for the weight of ice or other  methods  of  preservation  in
    19  containers  or  packaging  to  ensure  that such net weights of fish and
    20  seafood are accurate and consistent. Such regulations shall also provide
    21  for the identification of the species or name of the  fish  or  seafood,
    22  the geographic origin of it, and the date of harvest.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02239-09-6

        A. 7461--A                          2
 
     1    § 2. This act shall take effect on the one hundred twentieth day after
     2  it  shall have become a law; provided, however, that the commissioner is
     3  authorized to promulgate any and all rules and regulations and take  any
     4  other  measures necessary to implement this act on or before such effec-
     5  tive date.
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