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 would amend the agriculture and markets law to require
that wholesalers of fish and/or seafood may only sell such fish or
seafood that is in sealed and clearly labeled containers; and to require
the labels to include 1) the identity of the commodity, 2) the weight of
the commodity, 3) the name and address of the shipper, packer, or
distributor, 4) the state and county of commodity origin, and 5) date of
SUMMARY OF PROVISIONS:
Section one would amend the agriculture and markets law by adding a new
section 214-o, which would require that any wholesaler of fish and/or
seafood may only sell edible or otherwise saleable fish or seafood for
consumption purposes in sealed and clearly labeled containers. The
labels must include the following: 1) the identity of the commodity, 2)
the weight of the commodity, 3) the name and address of the shipper,
packer, or distributor, 4) the state and county of commodity origin, and
5) date of harvest.
Section two provides that this act shall take effect immediately.
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
weighs (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 enacting an explicit requirement
that seafood must be accurately labeled at the wholesale level.
This is a new bill.
This bill takes effect immediately.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
May 12, 2015
Introduced by M. of A. KIM, BRAUNSTEIN -- read once and referred to the
Committee on Agriculture
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. The agriculture and markets law is amended by adding a new
2 section 214-o to read as follows:
3 S 214-O. LABELING REQUIREMENTS FOR FISH WHOLESALERS. ANY WHOLESALER
4 OF FISH AND/OR SEAFOOD MAY ONLY SELL SUCH FISH OR SEAFOOD THAT IS EDIBLE
5 OR OTHERWISE SALEABLE FOR CONSUMPTION PURPOSES, IN SEALED, CLEARLY
6 LABELED CONTAINERS. THE LABELS MUST INCLUDE THE FOLLOWING: 1. THE
7 IDENTITY OF THE COMMODITY, 2. THE WEIGHT OF THE COMMODITY, 3. THE NAME
8 AND ADDRESS OF THE SHIPPER, PACKER, OR DISTRIBUTOR, 4. THE STATE AND
9 COUNTY OF COMMODITY ORIGIN, AND 5. DATE OF HARVEST.
10 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.