Prohibits the repackaging of meat offered for sale once the first sale date or last sell-by date is stamped or labeled on the packaging; also prohibits the changing of such date; treats such meat as unwholesome; provides that the period between the first date for sale label and the last date for sale label be no more than three days.
STATE OF NEW YORK
________________________________________________________________________
2094
2011-2012 Regular Sessions
IN SENATE
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the rewrapping, repackaging or recycling of meat and poultry
contained in a wrapping or packaging labeled with a first sale date
and/or last sell-by date, prohibiting the changing of any such dates,
and requiring that the period from the first sale date to last sell-by
date as so labeled be no more than three days
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. Rewrapping, repackaging or recycling of meat and poultry
4 contained in a wrapping or packaging labeled with a first sale or sell-
5 by date prohibited; change of date prohibited; three-day sale period
6 provided. Notwithstanding the provisions of section two hundred four-
7 teen-m of this article:
8 1. Meat or poultry offered for sale in a wrapping or packaging that is
9 stamped or labeled with the first date the meat or poultry is to be
10 offered for sale, or with the last date by which the meat or poultry may
11 be sold, or with both such dates, shall not be rewrapped, repackaged or
12 recycled prior to sale nor shall any such dates be altered or changed.
13 The last date by which the meat or poultry may be sold as so labeled
14 shall not be more than three days from the first date labeled for the
15 meat or poultry to be offered for sale.
16 2. It shall be a misdemeanor to sell or offer for sale meat or poultry
17 in violation of the requirements of subdivision one of this section.
18 Such meat or poultry is hereby deemed to be unwholesome or adulterated
19 and any person who, or any entity which, sells or offers for sale such
20 unwholesome or adulterated meat or poultry shall be subject to all of
21 the federal and state regulations and fines and penalties for violations
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06522-01-1
S. 2094 2
1 applicable to the sale or offering for sale of unwholesome or adulterat-
2 ed meat. Without limiting the foregoing, the commissioner may close any
3 establishment which sells meat or poultry in violation of subdivision
4 one of this section; meat or poultry found being offered for sale after
5 the sell-by date labeled on its packaging shall be confiscated; and the
6 establishment shall be subject to an additional penalty of up to one
7 thousand dollars for each day it is found in willful violation of subdi-
8 vision one of this section.
9 § 2. This act shall take effect on the one hundred twentieth day after
10 it shall have become a law, provided, however, that effective immediate-
11 ly, the addition, amendment and/or repeal of any rules or regulations
12 necessary for the implementation of the foregoing section of this act on
13 its effective date is authorized and directed to be made and completed
14 on or before such effective date.
