STATE OF NEW YORK
________________________________________________________________________
2072
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. REYES, BRAUNSTEIN, ZEBROWSKI, D. ROSENTHAL, BENE-
DETTO, EPSTEIN, COOK, GUNTHER, SIMON, MORINELLO, DiPIETRO, CRUZ,
WILLIAMS, FAHY, STECK, GLICK, NIOU, TAYLOR, DARLING -- Multi-Sponsored
by -- M. of A. GALEF -- read once and referred to the Committee on
Agriculture
AN ACT to amend the agriculture and markets law, in relation to safety
and quality labels on certain foods and beverages
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 214-p to read as follows:
3 § 214-p. Safety and quality labeling. 1. Definitions. For the purposes
4 of this article, the following terms shall have the following meanings:
5 (a) "Perishable food" shall mean and include (i) eggs, grade AA, grade
6 A, and grade B shell eggs;
7 (ii) all pre-packaged, fully or partially prepared baked goods which
8 have a moisture content exceeding eighteen percent, with or without
9 additives, known as:
10 (1) breads, rolls and buns as defined pursuant to title 21, chapter 1,
11 part 136.110 of the code of federal regulations, except those known as
12 fruitcakes;
13 (2) cakes, pastries, and cookies, except those that are offered for
14 sale in individual, portion pack, snack-type packages;
15 (3) english muffins, corn muffins, bran muffins, and other similar
16 products;
17 (iii) the following prepackaged dairy and dairy-type products:
18 (1) those products with or without additives or flavorings, known as
19 cheese, as defined pursuant to title 21, chapter 1, part 133 of the code
20 of federal regulations, that contain fifty percent or more moisture in
21 the finished product;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00059-01-1
A. 2072 2
1 (2) low-fat, multi-vitamin, multi-mineral type milk products which are
2 normally stored at temperatures between thirty-two degrees fahrenheit
3 and forty degrees fahrenheit;
4 (3) flavored milk;
5 (4) cultured milk, cultured milk products, cultured skim-milk, and
6 cultured skim-milk products, with or without fruits, vegetables, meats,
7 cheeses, or other additives;
8 (5) milk shake;
9 (6) eggnog;
10 (7) yogurt, made from skim-milk or whole milk, with or without fruits,
11 vegetables, meats, or other additives;
12 (8) whipped cream and instant whipped cream;
13 (9) sour cream, cultured cream, salad cream, and non-cultured sour
14 cream, with or without cultured half and half;
15 (10) sour half and half, cultured half and half, non-cultured sour
16 half and half, and non-cultured half and half;
17 (11) dairy dressing and dairy dip;
18 (12) non-dairy coffee creamers which are normally stored at temper-
19 atures between thirty-two degrees fahrenheit and forty degrees fahren-
20 heit; and
21 (iv) all pre-packaged, prepared foods which require refrigeration.
22 (b) "Packaged food" shall mean foods and beverages otherwise subject
23 to the nutrition labeling requirements of the federal Nutrition Labeling
24 and Education Act of 1990.
25 (c) "Safety date" shall mean the last day or date for safe consumption
26 or use of a perishable food or packaged food.
27 (d) "Quality date" shall mean the last day or date for the recommended
28 consumption or use of a perishable food or packaged food.
29 2. No person, firm, corporation, partnership, association or any other
30 business association shall sell at retail or display for sale at retail
31 any perishable food or packaged food for human consumption unless the
32 container of such perishable or packaged food is clearly marked with a
33 safety date and a quality date.
34 3. The commissioner, in consultation with the commissioner of health,
35 shall promulgate rules and regulations regarding the content and place-
36 ment of safety dates and quality dates on perishable food and packaged
37 food.
38 § 2. This act shall take effect on the one hundred eightieth day after
39 it shall have become a law. Effective immediately, the addition, amend-
40 ment and/or repeal of any rule or regulation necessary for the implemen-
41 tation of this act on its effective date is authorized to be made on or
42 before such date.
