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S02971 Summary:

BILL NOS02971
 
SAME ASNo same as
 
SPONSORADAMS
 
COSPNSR
 
MLTSPNSR
 
Add S399-ccc, Gen Bus L
 
Prohibits the use of salt by restaurants in the preparation of food by restaurants.
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S02971 Actions:

BILL NOS02971
 
01/28/2013REFERRED TO CONSUMER PROTECTION
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S02971 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2971
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 28, 2013
                                       ___________
 
        Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        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-ccc to read as follows:
     3    §  399-ccc.  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05552-01-3

        S. 2971                             2
 
     1  authorized  to take proof and make a determination of the relevant facts
     2  and to issue subpoenas in accordance with the  civil  practice  law  and
     3  rules.

     4    §  2.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law.
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