|SAME AS||SAME AS S06435|
|COSPNSR||Gottfried, Mosley, Hikind, Jaffee, Simon, Joyner, Colton, Galef, Steck, Arroyo, Linares, Simotas, Seawright, Titone|
|MLTSPNSR||Cook, Glick, Perry, Richardson|
|Add S204-e, Ag & Mkts L|
|Requires sugar-sweetened beverages to be labeled with a safety warning.|
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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. LBD03793-04-5A. 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, underA. 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.