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A10129 Summary:

BILL NO    A10129 

SAME AS    Same as S 7113

SPONSOR    Ortiz (MS)

COSPNSR    Markey, Clark

MLTSPNSR   Hooper

Add S399-bbb, Gen Bus L

Prohibits the use of salt by restaurants in the preparation of food by
restaurants.

A10129 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         10129

                                 I N  A S S E M B L Y

                                     March 5, 2010
                                      ___________

       Introduced  by  M. of A. ORTIZ, MARKEY -- Multi-Sponsored by -- M. of A.
         PERRY -- read once and referred to the Committee on Health

       AN ACT to amend the general business law, in relation to prohibiting the
         use of salt in the preparation of food by restaurants

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The general business law is amended by adding a new section
    2  399-bbb to read as follows:
    3    S  399-BBB.  PROHIBITION ON SALT; RESTAURANTS. 1. NO OWNER OR OPERATOR
    4  OF A RESTAURANT IN THIS STATE SHALL USE SALT IN ANY FORM IN THE PREPARA-
    5  TION OF ANY FOOD  FOR  CONSUMPTION  BY  CUSTOMERS  OF  SUCH  RESTAURANT,
    6  INCLUDING  FOOD  PREPARED TO BE CONSUMED ON THE PREMISES OF SUCH RESTAU-
    7  RANT OR OFF OF SUCH PREMISES.
    8    2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN  APPLICATION
    9  MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
   10  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
   11  PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
   12  NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
   13  VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE  COURT  OR
   14  JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
   15  INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
   16  RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
   17  PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
   18  PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
   19  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
   20  HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
   21  TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
   22  SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
   23  THAN ONE THOUSAND DOLLARS FOR  EACH  VIOLATION.  EACH  USE  OF  SALT  IN
   24  VIOLATION  OF  THIS  SECTION  SHALL  CONSTITUTE A SEPARATE VIOLATION. IN
   25  CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
   26  AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
   27  AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
   28  RULES.
   29    S  2.  This  act shall take effect on the thirtieth day after it shall
   30  have become a law.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16210-01-0