A02320 Summary:

BILL NOA02320B
 
SAME ASSAME AS S06435
 
SPONSORDinowitz
 
COSPNSRGottfried, Mosley, Hikind, Jaffee, Simon, Joyner, Colton, Galef, Steck, Arroyo, Linares, Simotas, Seawright, Titone
 
MLTSPNSRCook, Glick, Perry, Richardson
 
Add S204-e, Ag & Mkts L
 
Requires sugar-sweetened beverages to be labeled with a safety warning.
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A02320 Actions:

BILL NOA02320B
 
01/15/2015referred to consumer affairs and protection
03/16/2015amend and recommit to consumer affairs and protection
03/16/2015print number 2320a
04/23/2015amend and recommit to consumer affairs and protection
04/23/2015print number 2320b
04/28/2015reported referred to codes
01/06/2016referred to consumer affairs and protection
02/02/2016reported referred to codes
06/06/2016reported referred to rules
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A02320 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2320B
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the labeling of sugar-sweetened beverages with warnings   PURPOSE OR GENERAL IDEA OF BILL: Requires a safety warning label on certain sugar-sweetened beverages, concentrates used to make sugar-sweetened beverages, beverage dispensing machines, and vending machines that dispense sugar-sweetened beverages in order to increase public awareness regarding the health ailments associated with consumption of sugar sweetened beverages, especially obesity, diabetes and tooth decay.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 sets forth the short title of the bill, which is the "sugar- sweetened beverages safety warning act." Section 2 amends the agriculture and markets law by adding a new section 204-e, which provides for definitions relating to the implementation of this act, the labeling requirements for sealed beverage containers, multipacks of sugar-sweetened beverages in sealed beverage containers, concentrates, vending machines, and beverages dispensing machines. In addition, Section 2 provides for enforcement language, including certain penalty provisions, while also providing for clarification of violations as they relate to certain retailers. Section 3 is a severability clause. Section 4 sets the effective date.   JUSTIFICATION: The prevalence of obesity in the state has increased dramatically over the past 30 years. Although no group has escaped the epidemic, low income and minority communities are disproportionately affected. Obesi- ty is of particular concern because it is also attributed to health ailments such as diabetes, heart disease, arthritis, asthma high blood cholesterol, high blood pressure and certain types of cancer. Medical costs are also a growing concern; people who are obese are dramatically higher than for those of normal weight. Overweight and obesity account for $147 billion in health care cost nationally, or 9 percent of all medical spending, with one-half of these costs paid publicly through the Medicare and Medicaid programs which put a strain on the states limited resources. Individuals who drink one to two sugar sweetened beverages per day have a 26 percent higher risk for developing type II diabetes. Sugar sweet- ened beverages are a unique contributor to excess caloric consumption. There is extensive research on the link between obesity, tooth decay, and diabetes to the consumption of sweetened beverages such as soft drinks, energy drinks, sweet teas and sports drinks. Evidence suggests that health warnings can increase knowledge and reduce of harmful products such as sugar-sweetened beverages.   PRIOR LEGISLATIVE HISTORY: 2013-14- A.10172- Referred to Consumer Protection   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law.
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A02320 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2320--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ, GOTTFRIED, MOSLEY, HIKIND, JAFFEE,
          SIMON, JOYNER, COLTON,  GALEF,  STECK,  ARROYO,  LINARES,  SIMOTAS  --
          Multi-Sponsored  by  --  M.  of A. BROOK-KRASNY, COOK, GLICK, PERRY --
          read once and referred  to  the  Committee  on  Consumer  Affairs  and
          Protection -- committee discharged, bill amended, ordered reprinted as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted to said committee
 
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          labeling of sugar-sweetened beverages with warnings
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "sugar-sweetened beverages safety warning act".
     3    § 2. The agriculture and markets  law  is  amended  by  adding  a  new
     4  section 204-e to read as follows:
     5    § 204-e. Labeling of sugar-sweetened beverages. 1. For the purposes of
     6  this section:
     7    (a)  "Beverage  container"  means  any  sealed  or  unsealed container
     8  regardless of size or shape including, but not limited to, those made of
     9  glass, metal, paper, plastic, or any other material  or  combination  of
    10  materials  that is used or intended to be used to hold a sugar-sweetened
    11  beverage for individual sale to a consumer.
    12    (b) "Beverage dispensing machine" means any device that mixes  concen-
    13  trate  with any one or more other ingredients, and dispenses the result-
    14  ing mixture into an unsealed container as a ready-to-drink beverage.
    15    (c) "Caloric sweetener" means any substance containing calories, suit-
    16  able for human consumption, that humans  perceive  as  sweet  and  shall
    17  include,  but  not  be limited to, sucrose, fructose, glucose, and other
    18  sugars and fruit juice concentrates. "Caloric" means  a  substance  that
    19  adds calories to the diet of the individual who consumes such substance.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03793-04-5

        A. 2320--B                          2
 
     1    (d)  "Concentrate" means a syrup or powder that is used or intended to
     2  be used for mixing, compounding or making a sugar-sweetened beverage.
     3    (e)  "Consumer"  means  an  individual who purchases a sugar-sweetened
     4  beverage for a purpose other than resale.
     5    (f) "Distribute" means to sell or otherwise provide a product  to  any
     6  person for resale.
     7    (g)  "Menu  or  menu board" means the primary writing of a public food
     8  service establishment, as defined in subdivision three of section  thir-
     9  teen  hundred  ninety-nine-n  of  the  public  health  law, from which a
    10  consumer makes an order selection, which can be in different forms  such
    11  as  booklets,  pamphlets,  or single sheets of paper, and can be located
    12  inside or outside of such public food service establishment.
    13    (h) "Natural fruit juice" means the original liquid resulting from the
    14  pressing of fruit, the  liquid  resulting  from  the  reconstitution  of
    15  natural  fruit juice concentrate or the liquid resulting from the resto-
    16  ration of water to dehydrated natural fruit juice.
    17    (i) "Natural vegetable juice" means the original liquid resulting from
    18  the pressing of vegetables, the liquid resulting from the reconstitution
    19  of natural vegetable juice concentrate or the liquid resulting from  the
    20  restoration of water to dehydrated natural vegetable juice.
    21    (j)  "Powder"  means a solid mixture with added caloric sweetener used
    22  in making, mixing or compounding a sugar-sweetened  beverage  by  mixing
    23  such solid mixture with any one or more other ingredients including, but
    24  not  limited  to,  water,  ice, syrup, simple syrup, fruits, vegetables,
    25  fruit juice, or carbonation or other gas.
    26    (k) "Principal display panel" means the part of a label that  is  most
    27  likely  to  be  displayed,  presented, shown or examined under customary
    28  conditions of display for retail sale.
    29    (l) "Sealed beverage container" means a beverage container  holding  a
    30  beverage  that  is  closed  or sealed before being offered for sale to a
    31  consumer.
    32    (m) (1) "Sugar-sweetened beverage" means  any  sweetened  nonalcoholic
    33  beverage,  carbonated  or noncarbonated, sold for human consumption that
    34  has added caloric sweeteners and which contains seventy-five calories or
    35  more per twelve fluid ounces.
    36    (2) Such term shall not include:
    37    (A) any beverage containing one hundred percent natural fruit juice or
    38  natural vegetable juice with no added caloric sweeteners;
    39    (B) any liquid product manufactured for any of the following uses  and
    40  commonly referred to as a "dietary aid":
    41    (i) an oral nutritional therapy for persons who cannot absorb or meta-
    42  bolize dietary nutrients from food or beverages,
    43    (ii)  a  source  of  necessary nutrition used as a result of a medical
    44  condition, or
    45    (iii) an oral electrolyte solution for infants and children formulated
    46  to prevent dehydration due to illness;
    47    (C) any product for  consumption  by  infants  and  that  is  commonly
    48  referred to as "infant formula";
    49    (D) any beverage whose principal ingredient by weight is milk; or
    50    (E)  any alcoholic beverage that is subject to regulation by the alco-
    51  holic beverage control law.
    52    (n) "Syrup" means a liquid mixture with added caloric  sweetener  used
    53  in  making,  mixing  or compounding a sugar-sweetened beverage by mixing
    54  such liquid mixture with any one or more other  ingredients,  including,
    55  but  not limited to, water, ice, a powder, simple syrup, fruits, vegeta-
    56  bles, fruit juice, vegetable juice, or carbonation or other gas.

        A. 2320--B                          3
 
     1    (o) "Unsealed beverage container"  means  a  beverage  container  into
     2  which a beverage is dispensed or poured at the premises where the bever-
     3  age is purchased including, but not limited to, a container for fountain
     4  drinks.
     5    2.  (a)  No  person  shall distribute, sell or offer for sale a sugar-
     6  sweetened beverage in a sealed beverage container unless such  container
     7  bears  the  following  safety  warning  and  otherwise  meets all of the
     8  requirements of this subdivision:
     9    "SAFETY WARNING: Drinking beverages with added  sugar  contributes  to
    10  obesity, diabetes and tooth decay."
    11    (b)  The  safety warning required by paragraph (a) of this subdivision
    12  shall be displayed in a clear and conspicuous manner and readily legible
    13  under ordinary conditions on the principal display panel of  the  sealed
    14  beverage  container,  separate and apart from all other information, and
    15  shall be on a contrasting background.  The entire safety  warning  shall
    16  appear in bold type.
    17    (c)  If  the safety warning required by paragraph (a) of this subdivi-
    18  sion is not printed directly on the beverage container, the safety warn-
    19  ing shall be affixed to the beverage container in such a manner that  it
    20  cannot  be  removed  without  thorough  application  of  water  or other
    21  solvents.
    22    (d) No person shall distribute, sell or offer for sale a multipack  of
    23  sugar-sweetened  beverages  in  sealed  beverage  containers  unless the
    24  multipack of beverages bears the safety warning  required  by  paragraph
    25  (a)  of  this subdivision. The safety warning shall be posted in a clear
    26  and conspicuous manner on the principal display panel and  on  at  least
    27  one  other  side  of  the multipack, in addition to being posted on each
    28  individual sealed beverage container.
    29    (e) No person shall distribute, sell or offer for sale  a  concentrate
    30  unless  the  packaging  of the concentrate, which is intended for retail
    31  sale, bears the safety warning required by paragraph (a) of this  subdi-
    32  vision.    The safety warning shall be posted in a clear and conspicuous
    33  manner on the principal display panel of the packaging  of  the  concen-
    34  trate.
    35    (f)  This  subdivision  shall  not  be construed to require the safety
    36  warning required by paragraph (a) of this subdivision to be placed imme-
    37  diately preceding any common name or primary product descriptor.
    38    3. (a) Every person who owns, leases or otherwise controls  the  prem-
    39  ises  where a vending machine or beverage dispensing machine is located,
    40  or where a sugar-sweetened beverage is  sold  in  an  unsealed  beverage
    41  container,  shall  place or cause to be placed, a safety warning in each
    42  of the following locations:
    43    (1) on the exterior of any vending  machine  that  includes  a  sugar-
    44  sweetened beverage for sale;
    45    (2)  on  the  exterior  of  any  beverage dispensing machine used by a
    46  consumer to dispense a sugar-sweetened  beverage  through  self-service;
    47  and
    48    (3)  at  the  point-of-purchase,  which  may  include the menu or menu
    49  board, where any consumer purchases a  sugar-sweetened  beverage  in  an
    50  unsealed  beverage  container,  when  the unsealed beverage container is
    51  filled by an employee of a food establishment rather than the  consumer;
    52  provided, however, this subparagraph shall not apply unless the premises
    53  where  a  beverage  dispensing  machine  is located, or where the sugar-
    54  sweetened beverage is sold in an unsealed beverage container is part  of
    55  a  network  of  subsidiaries,  affiliates  or other member stores, under

        A. 2320--B                          4
 
     1  direct or indirect common control, with three or more stores located  in
     2  New York.
     3    (b)  The  safety warning required by paragraph (a) of this subdivision
     4  shall contain the following language:
     5    "SAFETY WARNING: Drinking beverages with added  sugar  contributes  to
     6  obesity, diabetes and tooth decay."
     7    (c)  The  safety warning required by paragraph (a) of this subdivision
     8  shall be displayed in a clear and conspicuous manner and readily legible
     9  under ordinary conditions, separate and apart from  all  other  informa-
    10  tion, and shall be on a contrasting background.  The entire safety warn-
    11  ing shall appear in bold type.
    12    4.  (a)  Whenever  it  shall appear that there has been a violation of
    13  this section, an application may be made by the attorney general in  the
    14  name of the people of the state of New York to a court or justice having
    15  jurisdiction  by  a  special proceeding to issue an injunction, and upon
    16  notice to the defendant of not  less  than  five  days,  to  enjoin  and
    17  restrain  the  continuance  of such violation; and if it shall appear to
    18  the satisfaction of the court or justice  that  the  defendant  has,  in
    19  fact,  violated  this article, an injunction may be issued by such court
    20  or justice, enjoining and restraining  any  further  violation,  without
    21  requiring  proof  that  any person has, in fact, been injured or damaged
    22  thereby. In any such proceeding, the court may make  allowances  to  the
    23  attorney  general  as  provided  in  paragraph six of subdivision (a) of
    24  section eighty-three hundred three of the civil practice law and  rules,
    25  and  direct  restitution.  Whenever  the  court  shall  determine that a
    26  violation of this article has occurred, the court  may  impose  a  civil
    27  penalty  of  not  less  than  fifty  dollars  nor more than five hundred
    28  dollars for each such violation. In connection with  any  such  proposed
    29  application, the attorney general is authorized to take proof and make a
    30  determination of the relevant facts and to issue subpoenas in accordance
    31  with the civil practice law and rules.
    32    (b) The provisions of this section may be enforced concurrently by the
    33  director  of  a municipal consumer affairs office, or by the town attor-
    34  ney, city corporation counsel, or other lawful  designee  of  a  munici-
    35  pality  or local government, and all moneys collected under this section
    36  shall be retained by such municipality or local government.
    37    5. A retailer shall not be subject to the penalties under this section
    38  unless: (a) the retailer is  the  manufacturer  of  the  sugar-sweetened
    39  beverage,  the  packager  of a multipack of sugar-sweetened beverages in
    40  sealed beverage containers, or the manufacturer  of  a  concentrate  and
    41  sells  the sugar-sweetened beverage, multipack of sugar-sweetened bever-
    42  ages, or concentrate under a brand it owns; or (b) the retailer's  fail-
    43  ure to label was knowing and willful.
    44    §  3.  Severability clause. If any provision of this act or its appli-
    45  cation to any person, legal entity, or circumstance is held invalid, the
    46  remainder of the act or  the  application  of  the  provision  to  other
    47  persons, legal entities or circumstances shall not be affected.
    48    §  4. This act shall take effect one year after it shall have become a
    49  law.
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