STATE OF NEW YORK
________________________________________________________________________
3574
2011-2012 Regular Sessions
IN ASSEMBLY
January 25, 2011
___________
Introduced by M. of A. P. RIVERA, HOOPER, BARRON -- Multi-Sponsored by
-- M. of A. BOYLAND, CASTRO, COOK, CRESPO, GIBSON, GUNTHER, JACOBS,
MAISEL, MARKEY, McDONOUGH, MILLMAN, PERRY, N. RIVERA, ROBINSON,
TITONE, TOBACCO, TOWNS -- read once and referred to the Committee on
Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing warning labels on food products which contain sodium benzoate
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-o to read as follows:
3 § 214-o. Warning labels on food products containing sodium benzoate.
4 1. Notwithstanding any inconsistent provision of section one hundred
5 ninety-nine-b of this article, if any person, firm, corporation, part-
6 nership, limited liability company, association or any other business
7 association sells or displays for retail sale any food product contain-
8 ing the artificial food coloring and preservative sodium benzoate, the
9 packaging of such food shall bear a warning label as prescribed in this
10 section which shall be printed thereon or attached thereto. Such warning
11 label shall be in letters not less than eight point type and shall
12 appear in a black box on the package, and shall contain the following
13 statement: "WARNING: The artificial food colorings and/or preservatives
14 used to process this food product could pose a serious health hazard to
15 children. Please use caution."
16 2. Any person, firm, corporation, partnership, limited liability
17 company, association or any other business association, or its officers
18 or agents who or which violate any of the provisions of this section or
19 any rules or regulations promulgated pursuant to this section shall be
20 liable for a civil penalty of ten thousand dollars per each food product
21 which violates the provisions of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01207-01-1
A. 3574 2
1 3. The commissioner shall have the authority and power to prescribe by
2 regulations the labeling of the food products in subdivision one of this
3 section which are not sold by package or container.
4 § 2. This act shall take effect on the one hundred twentieth day after
5 it shall have become a law. Provided that the commissioner of agricul-
6 ture and markets is authorized and directed to promulgate any rules or
7 regulations necessary for the timely implementation of this act before
8 such effective date.
