A10172 Summary:

BILL NOA10172
 
SAME ASNo same as
 
SPONSORRules (Camara)
 
COSPNSR
 
MLTSPNSR
 
Add S204-e, Ag & Mkts L
 
Requires sugar-sweetened beverages to be labeled with a safety warning.
Go to top    

A10172 Actions:

BILL NOA10172
 
08/20/2014referred to consumer affairs and protection
Go to top

A10172 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10172
 
                   IN ASSEMBLY
 
                                     August 20, 2014
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Camara) --
          read once and referred  to  the  Committee  on  Consumer  Affairs  and
          Protection
 
        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. Legislative intent. The legislature  hereby  finds  and  declares
     4  that:
     5    (a)  the prevalence of obesity in the state has increased dramatically
     6  over the past 30 years. Although no group has escaped the epidemic,  low
     7  income  communities  and  communities  of  color  are disproportionately
     8  affected;
     9    (b) the obesity epidemic is  of  particular  concern  because  obesity
    10  increases  the  risk  of  diabetes, heart disease, arthritis, asthma and
    11  certain types of cancer. Depending on their level of  obesity,  from  60
    12  percent to over 80 percent of obese adults currently suffer from type II
    13  diabetes,  high  blood cholesterol, high blood pressure or other related
    14  conditions;

    15    (c) the medical costs for people who are obese are dramatically higher
    16  than for those of normal weight. Overweight and obesity account for $147
    17  billion in health care costs nationally, or 9  percent  of  all  medical
    18  spending,  with  one-half of these costs paid publicly through the Medi-
    19  care and Medicaid programs;
    20    (d) there is overwhelming evidence of the link between obesity and the
    21  consumption of sweetened beverages, such as soft drinks, energy  drinks,
    22  sweet  teas and sports drinks. The 2010 Dietary Guidelines for Americans
    23  recommend that everyone reduce their intake of sugar-sweetened  beverag-
    24  es;
    25    (e) individuals who drink one to two sugar-sweetened beverages per day
    26  have  a 26 percent higher risk for developing type II diabetes. Over the
    27  past 10 years, the percentage of teens nationwide that have diabetes  or
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15523-01-4

        A. 10172                            2
 
     1  prediabetes has increased from 9 percent to 23 percent. According to the
     2  American Diabetes Association, persons with type I diabetes should limit
     3  or  avoid  consumption  of  sugar-sweetened  beverages. Complications of
     4  diabetes  include:  heart  disease, nerve damage, gum infections, kidney
     5  disease, hearing impairment, blindness,  amputation  of  toes,  feet  or
     6  legs, and increased risk of Alzheimer's disease;
     7    (f)  according to nutrition experts, sweetened beverages, such as soft
     8  drinks, energy drinks, sweet teas and sports drinks, offer little or  no

     9  nutritional  value,  but  massive quantities of added sugars. A 20 ounce
    10  bottle of soda contains the equivalent of approximately 17 teaspoons  of
    11  sugar.  Yet,  the  American  Heart Association recommends that Americans
    12  consume no more than five to nine teaspoons of sugar per day;
    13    (g) sugar-sweetened beverages are the single largest source  of  added
    14  sugars  in  the American diet, with the average American drinking nearly
    15  45 gallons of sweetened beverages a year, the equivalent of 39 pounds of
    16  extra sugar every year. Over 50 percent of the United States  population
    17  drinks one or more sugar-sweetened beverages per day;
    18    (h)  sugar-sweetened  beverages  are  a  unique  contributor to excess
    19  caloric consumption. Research shows that calories  from  sugar-sweetened
    20  beverages  do not satisfy hunger the way calories from solid food or fat

    21  or protein-containing beverages such as those containing milk and plant-
    22  based proteins. As a result, sugar-sweetened beverages tend  to  add  to
    23  the calories people consume rather than replace them;
    24    (i)  consistent  evidence  shows a positive relationship between sugar
    25  intake and dental caries (cavities) in  adults  and  fewer  caries  when
    26  sugar  intake  is  restricted. Children who frequently consume beverages
    27  high in sugar are at an increased  risk  for  dental  caries.  Untreated
    28  dental  caries  can  lead  to pain, infection, tooth loss and, in severe
    29  cases, death; and
    30    (j) evidence suggests that health warnings can increase knowledge  and
    31  reduce consumption of harmful products.
    32    §  3.  The  agriculture  and  markets  law  is amended by adding a new
    33  section 204-e to read as follows:

    34    § 204-e. Labeling of sugar-sweetened beverages. 1. For the purposes of
    35  this section:
    36    (a) "Beverage  container"  means  any  sealed  or  unsealed  container
    37  regardless of size or shape including, but not limited to, those made of
    38  glass,  metal,  paper,  plastic, or any other material or combination of
    39  materials that is used or intended to be used to hold a  sugar-sweetened
    40  beverage for individual sale to a consumer.
    41    (b)  "Beverage dispensing machine" means any device that mixes concen-
    42  trate with any one or more other ingredients, and dispenses the  result-
    43  ing mixture into an unsealed container as a ready-to-drink beverage.
    44    (c) "Caloric sweetener" means any substance containing calories, suit-

    45  able  for  human  consumption,  that  humans perceive as sweet and shall
    46  include, but not be limited to, sucrose, fructose,  glucose,  and  other
    47  sugars  and  fruit  juice concentrates. "Caloric" means a substance that
    48  adds calories to the diet of the individual who consumes such substance.
    49    (d) "Concentrate" means a syrup or powder that is used or intended  to
    50  be used for mixing, compounding or making a sugar-sweetened beverage.
    51    (e)  "Consumer"  means  an  individual who purchases a sugar-sweetened
    52  beverage for a purpose other than resale.
    53    (f) "Distribute" means to sell or otherwise provide a product  to  any
    54  person for resale.
    55    (g) "Natural fruit juice" means the original liquid resulting from the

    56  pressing  of  fruit,  the  liquid  resulting  from the reconstitution of

        A. 10172                            3
 
     1  natural fruit juice concentrate or the liquid resulting from the  resto-
     2  ration of water to dehydrated natural fruit juice.
     3    (h) "Natural vegetable juice" means the original liquid resulting from
     4  the pressing of vegetables, the liquid resulting from the reconstitution
     5  of  natural vegetable juice concentrate or the liquid resulting from the
     6  restoration of water to dehydrated natural vegetable juice.
     7    (i) "Powder" means a solid mixture with added caloric  sweetener  used
     8  in  making,  mixing  or compounding a sugar-sweetened beverage by mixing

     9  such solid mixture with any one or more other ingredients including, but
    10  not limited to, water, ice, syrup,  simple  syrup,  fruits,  vegetables,
    11  fruit juice, or carbonation or other gas.
    12    (j)  "Sealed  beverage container" means a beverage container holding a
    13  beverage that is closed or sealed before being offered  for  sale  to  a
    14  consumer.
    15    (k)  (1)  "Sugar-sweetened  beverage" means any sweetened nonalcoholic
    16  beverage, carbonated or noncarbonated, sold for human  consumption  that
    17  has added caloric sweeteners and which contains seventy-five calories or
    18  more per twelve fluid ounces.
    19    (2) Such term shall not include:
    20    (A) any beverage containing one hundred percent natural fruit juice or

    21  natural vegetable juice with no added caloric sweeteners;
    22    (B)  any liquid product manufactured for any of the following uses and
    23  commonly referred to as a "dietary aid":
    24    (i) an oral nutritional therapy for persons who cannot absorb or meta-
    25  bolize dietary nutrients from food or beverages,
    26    (ii) a source of necessary nutrition used as a  result  of  a  medical
    27  condition, or
    28    (iii) an oral electrolyte solution for infants and children formulated
    29  to prevent dehydration due to illness;
    30    (C)  any  product  for  consumption  by  infants  and that is commonly
    31  referred to as "infant formula"; or
    32    (D) Any beverage whose principal ingredient by weight is milk.

    33    (1) "Syrup" means a liquid mixture with added caloric  sweetener  used
    34  in  making,  mixing  or compounding a sugar-sweetened beverage by mixing
    35  such liquid mixture with any one or more other  ingredients,  including,
    36  but  not limited to, water, ice, a powder, simple syrup, fruits, vegeta-
    37  bles, fruit juice, vegetable juice, or carbonation or other gas.
    38    (m) "Unsealed beverage container"  means  a  beverage  container  into
    39  which a beverage is dispensed or poured at the premises where the bever-
    40  age is purchased including, but not limited to, a container for fountain
    41  drinks.
    42    2.  (a)  No  person  shall distribute, sell or offer for sale a sugar-
    43  sweetened beverage in a sealed beverage container unless such  container

    44  bears  the  following  safety  warning  and  otherwise  meets all of the
    45  requirements of this subdivision:
    46    "SAFETY WARNING: Drinking beverages with added  sugar  contributes  to
    47  obesity, diabetes and tooth decay."
    48    (b)  (1) The safety warning required by paragraph (a) of this subdivi-
    49  sion shall be conspicuously displayed and readily legible under ordinary
    50  conditions on the front of the sealed beverage container,  separate  and
    51  apart  from  all  other information, and shall be on a contrasting back-
    52  ground.  The entire safety warning shall appear in bold type.
    53    (2) The safety warning required by paragraph (a) of  this  subdivision
    54  shall appear in a font size and in a maximum number of characters (i.e.,

    55  letters, numbers, and marks) per inch, as follows:

        A. 10172                            4
 
     1    (A)  For beverage containers of eight fluid ounces or less, the safety
     2  warning shall be in script, type or printing not smaller than one milli-
     3  meter, and there shall be no more than forty characters per linear inch.
     4    (B)  For  beverage containers of more than eight fluid ounces and less
     5  than one liter, the safety warning shall be in script, type or  printing
     6  not  smaller than 2 millimeters, and there shall be no more than twenty-
     7  five characters per linear inch.
     8    (C) For beverage containers of one liter or more, the  safety  warning
     9  shall be in script, type or printing not smaller than three millimeters,

    10  and there shall be no more than twelve characters per linear inch.
    11    (c)  If  the safety warning required by paragraph (a) of this subdivi-
    12  sion is not printed directly on the beverage container, the safety warn-
    13  ing shall be affixed to the beverage container in such a manner that  it
    14  cannot  be  removed  without  thorough  application  of  water  or other
    15  solvents.
    16    (d) No person shall distribute, sell or offer for sale a multipack  of
    17  sugar-sweetened  beverages  in  sealed  beverage  containers  unless the
    18  multipack of beverages bears the safety warning  required  by  paragraph
    19  (a) of this subdivision. The safety warning shall be posted conspicuous-
    20  ly  on  at least two sides of the multipack, in addition to being posted

    21  on each individual sealed beverage container.
    22    (e) No person shall distribute, sell or offer for sale  a  concentrate
    23  unless  the  packaging  of the concentrate, which is intended for retail
    24  sale, bears the safety warning required by paragraph (a) of this  subdi-
    25  vision.    The safety warning shall be posted conspicuously on the front
    26  of the packaging of the concentrate.
    27    3. (a) Every person who owns, leases or otherwise controls  the  prem-
    28  ises  where a vending machine or beverage dispensing machine is located,
    29  or where a sugar-sweetened beverage is  sold  in  an  unsealed  beverage
    30  container,  shall  place or cause to be placed, a safety warning in each
    31  of the following locations:

    32    (1) on the exterior of any vending  machine  that  includes  a  sugar-
    33  sweetened beverage for sale;
    34    (2)  on  the  exterior  of  any  beverage dispensing machine used by a
    35  consumer to dispense a sugar-sweetened  beverage  through  self-service;
    36  and
    37    (3)  at  the  point-of-purchase  where any consumer purchases a sugar-
    38  sweetened beverage in an unsealed beverage container, when the  unsealed
    39  beverage  container  is  filled  by  an employee of a food establishment
    40  rather than the consumer.
    41    (b) The safety warning required by paragraph (a) of  this  subdivision
    42  shall contain the following language:
    43    "SAFETY  WARNING:  Drinking  beverages with added sugar contributes to

    44  obesity, diabetes and tooth decay."
    45    (c) The safety warning required by paragraph (a) of  this  subdivision
    46  shall  be  conspicuously  displayed  and  readily legible under ordinary
    47  conditions, separate and apart from all other information, and shall  be
    48  on  a contrasting background.  The entire safety warning shall appear in
    49  bold type.
    50    4. Any violation of this section shall be punishable by a civil penal-
    51  ty of not less than fifty dollars, nor more than five hundred dollars.
    52    § 4. This act shall take effect on the first of January next  succeed-
    53  ing the date on which it shall have become a law.
Go to top