Relates to the governance of food labels or the portion of food produced, processed, transported, stored, marketed, distributed, sold or offered for sale by the state; vests jurisdiction in all matters pertaining to such exclusively in the state; preempts any local rule or ordinance on such subject.
STATE OF NEW YORK
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3877--A
Cal. No. 493
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
___________
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and
when printed to be committed to the Committee on Agriculture -- recom-
mitted to the Committee on Agriculture in accordance with Senate Rule
6, sec. 8 -- reported favorably from said committee, ordered to first
report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
AN ACT to amend the agriculture and markets law, in relation to the
governance of food labels or the portion of food produced, processed,
transported, stored, marketed, distributed, sold or offered for sale
by the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of the agriculture and markets law is amended by
2 adding two new subdivisions 6 and 7 to read as follows:
3 6. "Portion" means the amount of a given food sold or offered for sale
4 including, but not limited to, the size of the container or packaging in
5 which the food is sold or offered for sale.
6 7. "Food label" means any affixation to or marking on a package of
7 food as to its nature or quality, or the contents of a material, package
8 or container or the name of the maker.
9 § 2. Subdivision 1 of section 16 of the agriculture and markets law,
10 as amended by chapter 639 of the laws of 2004, is amended to read as
11 follows:
12 1. Execute and carry into effect the laws of the state and the rules
13 of the department, relative to agriculture, horticulture, farm, fruit,
14 and dairy products, aquaculture, and the production, processing, trans-
15 portation, storage, marketing and distributing of food; enforce and
16 carry into effect the provisions of the laws of the state relative to
17 weights and measures. Jurisdiction in all matters pertaining to the food
18 label or the portion of food produced, processed, transported, stored,
19 marketed, distributed, sold or offered for sale in this state is vested
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07940-02-8
S. 3877--A 2
1 exclusively in the state. Any provision of any local law or ordinance,
2 or any rule or regulation promulgated thereto, governing the food label
3 or the portion of food produced, processed, transported, stored, market-
4 ed, distributed, sold or offered for sale in the state shall, upon the
5 effective date of the chapter of the laws of two thousand eighteen which
6 amended this subdivision, be preempted.
7 § 3. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law.
