New York State Assembly

Bill No.:  

 
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A09951 Summary:

BILL NO	A09951
SAME AS	No Same As
SPONSOR	Jackson
COSPNSR
MLTSPNSR
Add 201-j, Ag & Mkts L
Requires food products using ingredients classified as major food allergens to be labelled or branded as such; requires food sellers to provide written notice to stores for food labels containing new ingredients classified as major food allergens; requires such foods are labeled or branded as such by a food seller until such food has appropriately labeled packaging.

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A09951 Floor Votes:

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A09951 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9951
 
SPONSOR: Jackson

 
TITLE OF BILL:
 
An act to amend the agriculture and markets law, in relation to requir-
ing food products containing major food allergens to be labelled or
branded to indicate the presence of such major food allergen
 
 
PURPOSE OR GENERAL IDEA OF BILL:•
 
The purpose of this bill is to prevent individuals with food allergies
from consuming falsely advertised foods which can often lead to allergic
food reactions or death.
 
 
SUMMARY OF PROVISION:
 
Section 1: Amends the agriculture and markets law adding a new section
201-j which defines the term "major food allergen". Subdivision 2
prohibits the sale of food products containing major food allergens
unless they are properly labeled or branded. Subdivision 3 requires if a
food product is not properly labeled or branded, the manufacturer must
notify any store where the product is sold in writing about the presence
of a major food allergen in the product.  Subdivision 4 mandates upon
receiving notice of a major food allergen in a food product being sold
without proper labeling or branding, stores have twenty-four hours to
either no longer offer such food product for sale or repackage the food
product such that the labeling or branding are consistent with the
requirements of this section.
 
Section 2: This act shall take effect on the one hundred twentieth day
after it shall have become a law.
 
 
JUSTIFICATION:
 
Orla Baxendale, a 25 year old professional dancer from the UK, trag-
ically passed away on January 11, 2024 after consuming a mislabeled
holiday cookie containing peanuts. According to NBC, ABC, and other news
sources, the product was manufactured by Cookies United and sold by Stew
Leonard's. The mislabeled Florentine cookies were sold in two Connecti-
cut locations, with approximately 500 of them being purchased between
November 6 - December 31, 2023. These cookies not only contained undis-
closed peanuts but also undisclosed eggs.
 
The President and CEO of Stew Leonard's explained in a public statement
that the company's chief safety officer was never notified of the change
in ingredients from soy nuts to peanuts. However, Cookies United refuted
this claim, stating that they notified eleven Stew Leonard's' employees
of the ingredient change via email in July of 2023.
 
This miscommunication between Cookies United and Stew Leonards proves
there is a lack of effective guidelines to ensure food products are
adequately and correctly labeled. This bill would require the originator
of a food product to notify their sellers of ingredient changes in writ-
ing to establish a more effective line of communication and accountabil-
ity. Additionally, once a store is notified, they will have twenty four
hours to either cease selling mislabeled products or repackage products
with accurate labeling.  This legislation will create more effective
communication between stores and manufacturers and keep New Yorkers safe
from fatal allergic reactions. Ultimately, this bill aims to enhance
consumer safety.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A7494B of 2023-2024; Passed
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None
 
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.  rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.

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