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S05317 Summary:

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S05317 Floor Votes:

S05317 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5317
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       May 5, 2011
                                       ___________
 
        Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        AN  ACT  to  amend  the general business law, in relation to requiring a
          warning to be printed on baby-bottle and sippy cup packaging  concern-
          ing tooth decay
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  391-r to read as follows:
     3    § 391-r. Baby-bottles and sippy cups; label required. 1.  Definitions.
     4  As used in this section, the term:
     5    a. "sippy cup" shall mean a vessel with a duck-billed lid, bill-shaped
     6  extension or bill-shaped spout primarily intended for  use  by  children
     7  under five years of age;
     8    b. "packaging" shall mean any type of container, article, or item that
     9  is used to contain or hold an individual or group of baby-bottles and/or
    10  sippy  cups  when  sold  to consumers.   Packaging shall not include the

    11  container, article, or item that is used to contain or hold an  individ-
    12  ual  or group of baby-bottles and/or sippy cups when such are shipped to
    13  the merchant or retailer.
    14    2. a. Every manufacturer or importer of baby-bottles and/or sippy cups
    15  sold or distributed in New York state shall  clearly  and  conspicuously
    16  label  such  product,  or  its packaging in like or similar terms to the
    17  following:
    18    "Warning: Allowing your child to use this product for prolonged  peri-
    19  ods  separate  from  regular  mealtimes or to go to sleep while drinking
    20  liquids, other than water, from this baby-bottle or sippy cup (whichever
    21  is applicable to the product upon which the label will  be  placed)  may

    22  cause or contribute to early childhood tooth decay."
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10556-01-1
        S. 5317                             2
 
     1    b.  This  subdivision  shall apply only to baby-bottles and sippy cups
     2  manufactured or imported  on  and  after  the  effective  date  of  this
     3  section.
     4    3. Whenever there shall be a violation of this section, an application
     5  may  be  made  by  the attorney general in the name of the people of the
     6  state of New York to a court or justice having jurisdiction by a special

     7  proceeding to issue an injunction, and upon notice to the  defendant  of
     8  not  less than five days, to enjoin and restrain the continuance of such
     9  violation; and if it shall appear to the satisfaction of  the  court  or
    10  justice  that  the  defendant  has,  in  fact, violated this article, an
    11  injunction may be  issued  by  such  court  or  justice,  enjoining  and
    12  restraining  any  further  violation,  without  requiring proof that any
    13  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
    14  proceeding,  the  court  may  make allowances to the attorney general as
    15  provided in paragraph six of subdivision  (a)  of  section  eighty-three
    16  hundred  three  of the civil practice law and rules, and direct restitu-

    17  tion.  Whenever the court shall determine that a violation of this arti-
    18  cle has occurred, the court may impose a civil penalty of not more  than
    19  five hundred dollars for the first violation and not more than one thou-
    20  sand  dollars  for any subsequent violation. In connection with any such
    21  proposed application, the attorney general is authorized to  take  proof
    22  and make a determination of the relevant facts and to issue subpoenas in
    23  accordance with the civil practice law and rules.
    24    § 2. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law.