STATE OF NEW YORK
________________________________________________________________________
8412
2015-2016 Regular Sessions
IN ASSEMBLY
October 9, 2015
___________
Introduced by M. of A. TITONE -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the sale of oversized sugar-sweetened fountain beverages to
minors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 3 of the agriculture and markets law is amended by
2 adding a new section 45-d to read as follows:
3 § 45-d. Sale of oversized sugar-sweetened fountain beverages to minors
4 prohibited. 1. No person, partnership or corporation shall sell or
5 offer for sale in this state an oversized sugar-sweetened fountain
6 beverage in a cup or container that contains more than sixteen fluid
7 ounces to any person under the age of eighteen years.
8 2. Sale of oversized sugar-sweetened fountain beverages shall be made
9 only to an individual who demonstrates, through (a) a valid driver's
10 license or non-driver's identification issued by the commissioner of
11 motor vehicles, the federal government, any United States territory,
12 commonwealth or possession, the District of Columbia, a state government
13 within the United States or a provincial government of the dominion of
14 Canada; or (b) a valid passport issued by the United States government
15 or any other country; or (c) an identification card issued by the United
16 States, indicating that the individual is at least eighteen years of
17 age. Such identification need not be required of any individual who
18 reasonably appears to be at least thirty years of age, provided, howev-
19 er, that such appearance shall not constitute a defense in any proceed-
20 ing involving sale of any food product, to an individual under eighteen
21 years of age.
22 3. In any proceeding pursuant to this section, it shall be an affirma-
23 tive defense that a person purchasing or attempting to purchase an over-
24 sized sugar-sweetened fountain beverage produced a driver's license or a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11907-02-5
A. 8412 2
1 non-driver identification card apparently issued by a government entity
2 or other identification pursuant to subdivision two of this section,
3 successfully completed the transaction, and that the sale of such bever-
4 age to such person was based on the reasonable reliance upon such iden-
5 tification and transaction. In evaluating the applicability of such
6 affirmative defense, consideration shall be given to any written policy
7 adopted and implemented by the seller to effectuate the provisions of
8 this section. Use of any method of an electronic transaction scan shall
9 not excuse any person operating a place of business wherein oversized
10 sugar-sweetened fountain beverages are sold, or the agent or employee of
11 such person, from the exercise of due diligence. Notwithstanding the
12 provisions of this subdivision, any such affirmative defense shall not
13 be applicable in any civil or criminal proceeding, or in any other
14 forum.
15 4. For purposes of this section:
16 (a) "Caloric" means a substance that adds calories to the diet of the
17 individual who consumes such substance.
18 (b) "Natural fruit juice" means the original liquid resulting from the
19 pressing of fruit, the liquid resulting from the reconstitution of
20 natural fruit juice concentrate or the liquid resulting from the resto-
21 ration of water to dehydrated natural fruit juice.
22 (c) "Natural vegetable juice" means the original liquid resulting from
23 the pressing of vegetables, the liquid resulting from the reconstitution
24 of natural vegetable juice concentrate or the liquid resulting from the
25 restoration of water to dehydrated natural vegetable juice.
26 (d) "Oversized" means cup or container that may contain more than
27 sixteen fluid ounces.
28 (e) (1) "Sugar-sweetened fountain beverage" means any sweetened nonal-
29 coholic beverage, carbonated or noncarbonated, sold for human consump-
30 tion that has added caloric sweeteners and which contains seventy-five
31 calories or more per twelve fluid ounces and is provided from a fountain
32 machine or tap.
33 (2) Such term shall not include:
34 (A) any beverage containing one hundred percent natural fruit juice or
35 natural vegetable juice with no added caloric sweeteners;
36 (B) any liquid product manufactured for any of the following uses and
37 commonly referred to as a "dietary aid":
38 (i) an oral nutritional therapy for persons who cannot absorb or meta-
39 bolize dietary nutrients from food or food items and beverages,
40 (ii) a source of necessary nutrition used as a result of a medical
41 condition, or
42 (iii) an oral electrolyte solution for infants and children formulated
43 to prevent dehydration due to illness;
44 (C) any product for consumption by infants and that is commonly
45 referred to as "infant formula";
46 (D) any beverage whose principal ingredient by weight is milk;
47 (E) any alcoholic beverage that is subject to regulation by the alco-
48 holic beverage control law; or
49 (F) any pre-bottled sugar-sweetened beverage sold in bottles of any
50 size.
51 § 2. This act shall take effect one year after it shall have become a
52 law. Effective immediately, the addition, amendment and/or repeal of any
53 rule or regulation necessary for the implementation of this act on its
54 effective date are authorized to be made and completed on or before such
55 effective date.
