Requires the posting of signs near pre-packaged salads offered for sale by retail food stores notifying consumers of the advisability of washing the produce before consumption and referring them to the federal department of health and human services, food and drug administration, for further information; such signs must be printed legibly with boldface type at least three-quarters of an inch.
STATE OF NEW YORK
________________________________________________________________________
174
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. PHEFFER -- Multi-Sponsored by -- M. of A. JACOBS,
MILLMAN, TOWNS -- 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
posting of signs near pre-packaged salads
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 213-a to read as follows:
3 § 213-a. Pre-packaged salads. 1. As used in this section: (a) "retail
4 food store" means any store selling food at retail, which store is not
5 primarily engaged in the sale of food for consumption on the premises;
6 (b) "pre-packaged" means a package which is (i) neither a hermetical-
7 ly-sealed can nor stored at or below a temperature of thirty-two degrees
8 fahrenheit in accordance with the instructions of a manufacturer or
9 processor, and (ii) which is packaged other than at the premises of the
10 retail food store; and
11 (c) "salad" means a product consisting mainly of leafy raw vegetables
12 such as lettuce and spinach.
13 2. (a) Any retail food store which offers for sale any pre-packaged
14 salads shall conspicuously post a sign situated so as to be clearly
15 visible to any consumer inspecting such pre-packaged salads. Such sign
16 shall read: "NOTICE: ALTHOUGH A PACKAGE FOR BAGGED SALADS MAY READ THAT
17 WASHING IS NOT NECESSARY, IT IS ADVISABLE THAT THIS PRODUCE, ALONG WITH
18 ALL OTHER PRODUCE, BE WASHED THOROUGHLY BEFORE CONSUMPTION."
19 (b) In addition, such sign shall state the current mailing address and
20 telephone number established by the United States Food and Drug Adminis-
21 tration for receiving questions from consumers regarding the proper
22 methods of washing and/or safely preparing pre-packaged salads or any
23 other food product.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01874-01-9
A. 174 2
1 3. Such sign required pursuant to subdivision two of this section
2 shall be printed with lettering that is legible and shall be at least
3 three-quarters of an inch boldface type.
4 § 2. This act shall take effect on the sixtieth day after it shall
5 have become a law.
