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A08372 Summary:

BILL NOA08372
 
SAME ASNo Same As
 
SPONSORKavanagh
 
COSPNSRDinowitz, Jaffee
 
MLTSPNSRCymbrowitz, Hooper, Ortiz, Rivera
 
Add Art 22-C 350-j - 350-n, Gen Bus L
 
Prohibits the sale or offer for sale at retail of bottled water for human consumption, food preparation or culinary purposes in this state in a beverage container unless such container includes on its label certain information; requires an annual bottled water report to be prepared by the purveyors of bottled water.
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A08372 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8372
 
SPONSOR: Kavanagh (MS)
  TITLE OF BILL: An act to amend the general business law, in relation to labelling bottled water sold or offered for sale   PURPOSE: This bill would ensure that consumers are able to obtain important water quality information regarding bottled water by requiring bottlers to make certain disclosures.   SUMMARY OF PROVISIONS: Section one of the bill would add a new article 22-C to the General Business Law. The new article would have five sections as follows: --Section 350-j would set forth definitions --Section 350-k would mandate a disclosure label for bottled water and the contents of the label. It would include the name and contact infor- mation of the bottler, the source of the water, and direct the consumer to the annual bottled water report mandated by section 350-1 of the article. --Section 350-l would require producers of bottled water to compile an annual report about their product, and describes the specific content of such report. --Section 350-m would give the Commissioner of Health the authority to make rules and regulations necessary to carry out the article. --Section 350-n would grant enforcement powers of the article to the Attorney General. It sets forth the possible civil penalties for violations of the article. Section two of the bill allows the Department of Health to issue warn- ings for violations during an initial grace period in effect from Janu- ary 1, 2018 through May 1, 2020. Section three of the bill sets forth the effective date.   JUSTIFICATION: Today, many consumers rely on bottled water as their primary source of drinking water. Under New York law, consumers have a right to obtain information about the source and quality of the public drinking water that flows from their household tap, but, unfortunately, these protections do not extend to bottled water. This legislation is based on a California law which aims to provide consumers with access to informa- tion on the source and contents of the water they purchase. Without access to information regarding the contents of their bottled water, it is impossible for consumers to know whether they are consuming harmful ingredients and to what extent. This bill would allow consumers to make an informed choice about what they drink. Consumers of bottled water should be afforded the same water quality "right to know" protections of bottled water products as those established for tap water. The bill ensures that consumers are able to obtain important water quality information, while providing bottlers with flexibility in providing such information.   FISCAL IMPACT ON THE STATE: Minor costs associated with enforcing the article by the Department of Health and the Office of the Attorney General, possibly offset by reven- ue to the state from fines for non compliance.   FISCAL IMPACT ON LOCALITIES: None.   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: Businesses would be required to comply with the requirements of the article.   IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL SANCTIONS: Courts may issue a civil penalty against businesses who violate the article. The penalties would be no more than $1,000 for a first-time violation, or no more than $100,000 for multiple violations resulting from a single act. Second-time violators can be issued a penalty up to $5,000, or up to $250,000 for multiple violations resulting from a single act.   LEGISLATIVE HISTORY: 2016: A00055 (Dinowitz) - Codes 2015: A00055A (Dinowitz) - Codes 2014: A00603 (Dinowitz) - Codes 2013: A00603 (Dinowitz) - Codes 2012: A08436 (Dinowitz) - Codes 2011: A08436 (Dinowitz) - Consumer Affairs and Protection 2010: A03642 (Pheffer) - Codes 2009: A03642 (Pheffer) - Consumer Affairs and Protection 2008: A00503B (Lafayette) - Ways and Means 2007: A00503 (Lafayette) - Consumer Affairs and Protection   EFFECTIVE DATE: This act shall take effect immediately.
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A08372 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8372
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 12, 2017
                                       ___________
 
        Introduced  by M. of A. KAVANAGH, DINOWITZ, JAFFEE -- Multi-Sponsored by
          -- M. of A.   CYMBROWITZ, HOOPER,  ORTIZ,  RIVERA  --  read  once  and
          referred to the Committee on Consumer Affairs and Protection
 
        AN  ACT  to  amend  the  general  business law, in relation to labelling
          bottled water sold or offered for sale

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new article
     2  22-C to read as follows:
     3                                ARTICLE 22-C
     4                           LABELLING BOTTLED WATER
     5                          SOLD OR OFFERED FOR SALE
     6  Section 350-j. Definitions.
     7          350-k. Bottled water sold in state to be labeled.
     8          350-l. Bottled water report.
     9          350-m. Rules and regulations.
    10          350-n. Enforcement by attorney general.
    11    § 350-j. Definitions.  When  used in this article, the following terms
    12  shall have the following meaning ascribed to them:
    13    1. "Department" shall mean the department of health.
    14    2. "Commissioner" shall mean the commissioner of health.
    15    3. "Maximum contaminant level"  shall  mean  the  maximum  permissible
    16  level  of  physical, chemical, radiological or microbiological substance
    17  in water.
    18    § 350-k. Bottled water sold in state to be labeled. 1. In addition  to
    19  any  requirements  imposed  under section two hundred twenty-five of the
    20  public health law and  any  regulations  promulgated  pursuant  to  such
    21  section,  on  or  after  January first, two thousand eighteen, no person
    22  shall sell at retail or wholesale, offer for sale at retail or wholesale
    23  or deliver bottled water for  human  consumption,  food  preparation  or
    24  culinary  purposes  in  this  state  in a beverage container unless such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03173-01-7

        A. 8372                             2
 
     1  container includes on its label, or on an additional  label  affixed  to
     2  the  bottle,  or on a package insert or attachment, all the following in
     3  legible type:
     4    a. the name and contact information for the bottler or brand owner;
     5    b.  the  source  of  the  bottled water, in compliance with applicable
     6  state and federal regulations; and
     7    c. a clear and conspicuous statement that informs consumers about  how
     8  to  access  water  quality  information  contained  in the bottled water
     9  report required by section three hundred fifty-l of this article.
    10    2. The statement required by paragraph c of subdivision  one  of  this
    11  section  shall  inform  customers about methods of gaining access to the
    12  full bottled water report and include a telephone number, where informa-
    13  tion can be requested from the bottled water company and one other means
    14  of contact for the bottled water company, including, but not limited to,
    15  a mailing address, electronic mail address, or the bottled water  compa-
    16  ny's  internet  web site. The following statement may be used to fulfill
    17  the requirements of this paragraph:
    18    "For more information and to obtain  additional  consumer  information
    19  relating  to  water  quality,  including a bottled water report, contact
    20  (name of bottled water company) at (telephone number or toll-free  tele-
    21  phone  number)  and  (at  least one of the following:   mailing address,
    22  e-mail address, or the bottled water company's internet web site)."
    23    § 350-l. Bottled water report. 1. On or after January first, two thou-
    24  sand eighteen, as a condition of certification by the department  pursu-
    25  ant  to section two hundred twenty-five of the public health law, purve-
    26  yors of bottled water shall annually prepare a bottled water report  and
    27  shall, upon request, make such report available to consumers. Such annu-
    28  al report shall be prepared in English and Spanish.
    29    2.  For  purposes  of  complying with this section, when bottled water
    30  comes from a municipal source, the relevant information from the  annual
    31  water supply statement prepared for that year by the public water system
    32  pursuant to section eleven hundred fifty-one or eleven hundred fifty-two
    33  of the public health law, may be used.
    34    3.  The  bottled  water  report  shall  include such information as is
    35  required in this section as well as any additional information  required
    36  by  the  commissioner.    Additionally,  the  statement  shall provide a
    37  section which explains, in plain language, the information  required  in
    38  the  statement,  including  brief  and plainly worded definitions of any
    39  terms the commissioner determines to be appropriate for carrying out the
    40  purposes of this article.   The department may prepare  or  prescribe  a
    41  format or model upon which all such reports shall be produced. The annu-
    42  al  bottled  water  report  shall  include,  but  not be limited to, the
    43  following items of information:
    44    a. a brief description of the source or sources of the water  and  the
    45  general  qualitative  and  quantitative  condition  of the water source,
    46  consistent with applicable state and federal regulations;
    47    b. the analytical testing results for those constituents  required  to
    48  be  tested for under part five of the state sanitary code or as required
    49  by appropriate local health units, except for  microbiological  results,
    50  for  each  source  of  water.  Where  more than one analysis per year is
    51  conducted on a specific constituent, the  bottled  water  company  shall
    52  list  the  range  of results from highest to lowest during the reporting
    53  period. The applicable state guideline, standard, or maximum contaminant
    54  level for each constituent present shall  be  listed  and  any  instance
    55  where  a  state  guideline,  standard,  or  maximum contaminant level is
    56  violated shall be noted. For microbiological  analyses  as  required  by

        A. 8372                             3
 
     1  part  five  of  the state sanitary code, the bottled water company shall
     2  indicate any instance  where  the  water  supply  violated  the  maximum
     3  contaminant  level.  The  date or dates of violation, the location where
     4  the  violation  occurred,  and the response of the bottled water company
     5  shall be listed;
     6    c. a brief description of  the  types  of  treatment  that  the  water
     7  receives before being bottled;
     8    d.  a statement indicating whether the water contains fluoride. If the
     9  water contains fluoride such statement shall indicate the average amount
    10  present in a bottle;
    11    e. a description of the risks associated with exposure to cryptospori-
    12  dium parvum or giardia lamblia for specific at-risk populations and  the
    13  general public and measures that at-risk populations can take to protect
    14  themselves  according  to  recommendations  by  the  department or other
    15  governmental public health or environmental agencies. In  addition,  for
    16  water works corporations that test for cryptosporidium parvum or giardia
    17  lamblia, a summary of the following: sampling sites; number of tests per
    18  year;  testing  results  and actions taken in response to those results.
    19  The commissioner may add such  additional  requirements  as  he  or  she
    20  determines to be appropriate;
    21    f.  a  reference  to  the  United  States food and drug administration
    22  internet web site that provides product recall information;
    23    g. the bottled water  company's  address  and  telephone  number  that
    24  enables  customers to obtain further information concerning contaminants
    25  and potential health effects;
    26    h. information on the levels of unregulated substances,  if  any,  for
    27  which  purveyors  of  bottled  water are required to monitor pursuant to
    28  state or federal law or regulation; and
    29    i. a full disclosure of any exemption or variance that has been grant-
    30  ed to the bottler by the department, including an explanation of reasons
    31  for each exemption or variance and the date of the  exemption  or  vari-
    32  ance.
    33    §  350-m. Rules and regulations. The commissioner is hereby authorized
    34  and directed to promulgate such  rules  and  regulations  necessary  and
    35  proper to effectuate the purposes of this article.
    36    §  350-n.  Enforcement  by attorney general. Whenever there shall be a
    37  violation of this article, application  may  be  made  by  the  attorney
    38  general in the name of the people of the state of New York to a court or
    39  justice  having jurisdiction by a special proceeding to issue an injunc-
    40  tion, and upon notice to the defendant of not less than  five  days,  to
    41  enjoin  and  restrain the continuance of such violation; and if it shall
    42  appear to the satisfaction of the court or justice  that  the  defendant
    43  has, in fact, violated this article, an injunction may be issued by such
    44  court or justice, enjoining and restraining any further violation, with-
    45  out  requiring  proof  that  any  person  has,  in fact, been injured or
    46  damaged thereby. In connection with any such proposed  application,  the
    47  attorney general is authorized to take proof and make a determination of
    48  the  relevant  facts and to issue subpoenas in accordance with the civil
    49  practice law and rules.  Whenever  the  court  shall  determine  that  a
    50  violation  of  this  article  has occurred, the court may impose a civil
    51  penalty of not more than one thousand dollars for a single violation and
    52  not more than one  hundred  thousand  dollars  for  multiple  violations
    53  resulting  from  a  single act or incident. The second violation and any
    54  violation committed thereafter shall be punishable by a civil penalty of
    55  not more than five thousand dollars for a single violation and not  more
    56  than  two hundred fifty thousand dollars for multiple violations result-

        A. 8372                             4
 
     1  ing from a single act or incident. No person, firm, partnership, associ-
     2  ation or corporation shall be deemed to have violated the provisions  of
     3  this  article  if  such person, firm, partnership, association or corpo-
     4  ration shows, by a preponderance of the evidence, that the violation was
     5  not intentional and resulted from a bona fide error made notwithstanding
     6  the maintenance of procedures reasonably adopted to avoid such error.
     7    §    2. For the purposes of informing and educating persons engaged in
     8  the sale, offering for sale or delivery of bottled water, the department
     9  of health is authorized to issue warnings for the violation  of  article
    10  22-C  of  the general business law, as added by section one of this act,
    11  during the period commencing January 1, 2018 and ending May 1, 2020.
    12    § 3. This act shall take effect immediately.
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