|SAME AS||No Same As|
|Amd §190, Ag & Mkts L|
|Requires certain information to be included on labeling of seafood by fish wholesalers.|
|05/12/2015||referred to agriculture|
|01/06/2016||referred to agriculture|
|05/04/2016||amend and recommit to agriculture|
|05/04/2016||print number 7461a|
|05/10/2016||reported referred to ways and means|
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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: A7461A SPONSOR: Kim (MS)
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 amends the Agriculture and Markets law to require that the Commissioner of the Department of Agriculture and Markets promulgate regulations that will make New York law consistent with federal law in relation to the sale of fish in wholesale markets.   SUMMARY OF PROVISIONS: Section one amends the Agriculture and Markets law to require the commissioner to promulgate regulations for the sale of fish in wholesale markets. Section two provides that this act shall take effect one hundred and twenty days after it becomes law. It also provides for the regulations to be promulgated within one hundred and twenty days of the act becoming law.   JUSTIFICATION: 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 weights (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 requiring the Commissioner of the Department of Agriculture and Markets to promulgate regulations to ensure that New York law tracks federal law.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the commissioner is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
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STATE OF NEW YORK ________________________________________________________________________ 7461--A 2015-2016 Regular Sessions IN ASSEMBLY May 12, 2015 ___________ Introduced by M. of A. KIM, BRAUNSTEIN -- read once and referred to the Committee on Agriculture -- recommitted to the Committee on Agricul- ture in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. Subdivision 2 of section 190 of the agriculture and markets 2 law, as added by chapter 874 of the laws of 1977, is amended to read as 3 follows: 4 2. (a) All food and food products which are sold, offered or exposed 5 for sale by wholesalers, packers, distributors or jobbers shall be sold, 6 or offered or exposed for sale by net weight, standard measure or numer- 7 ical count and shall be plainly marked, in such form or manner as may be 8 prescribed by the commissioner, by such person offering the food or food 9 products for sale except that it shall not be necessary to so mark meat, 10 meat products or fish, other than shellfish in natural form, provided 11 the net weight be stated on a written invoice and on the shipping 12 container of the meat, meat product or fish. 13 (b) The commissioner shall promulgate regulations, consistent with 14 applicable federal laws and regulations, for the sale of fresh fish or 15 seafood in a natural form by wholesalers, packers, distributors or 16 jobbers specifying the manner that the net weight of such fish and 17 seafood is provided to purchasers, including, but not limited to, 18 accounting for the weight of ice or other methods of preservation in 19 containers or packaging to ensure that such net weights of fish and 20 seafood are accurate and consistent. Such regulations shall also provide 21 for the identification of the species or name of the fish or seafood, 22 the geographic origin of it, and the date of harvest. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02239-09-6A. 7461--A 2 1 § 2. This act shall take effect on the one hundred twentieth day after 2 it shall have become a law; provided, however, that the commissioner is 3 authorized to promulgate any and all rules and regulations and take any 4 other measures necessary to implement this act on or before such effec- 5 tive date.