|SAME AS||No Same As|
|MLTSPNSR||Cymbrowitz, 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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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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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. LBD03173-01-7A. 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 byA. 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.