Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to judiciary |
Apr 23, 2009 |
referred to judiciary |
Senate Bill S4426
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4426 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5216
- Current Committee:
- Senate Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Add Art 9 Title 3 ยงยง9-301 - 9-305, Gen Ob L
2009-S4426 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4426 TITLE OF BILL : An act to amend the general obligations law, in relation to obligations of care of purveyors of food PURPOSE : This bill would prevent a person from being able to file an action against a manufacturer, distributor or seller of food products based on a claim that the consumption of the food caused obesity. SUMMARY OF PROVISIONS : This bill adds a new Title 3 to Article 9 of the General Obligations Law. JUSTIFICATION : This bill is necessary given the litigious nature of today's society. More and more lawsuits are arising that ask courts to find manufacturers, distributors and sellers of food products liable to consumers based on the fact that the consumers consumed the food products and subsequently became obese. The judicial system is already overburdened and allowing for frivolous lawsuits such as these does not promote efficiency in the system. There is no doubt that obesity is a serious problem in the United
2009-S4426 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4426 2009-2010 Regular Sessions I N S E N A T E April 23, 2009 ___________ Introduced by Sen. O. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to obligations of care of purveyors of food THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 9 of the general obligations law is amended by adding a new title 3 to read as follows: TITLE 3 PURVEYORS OF FOOD SECTION 9-301. SHORT TITLE. 9-303. DEFINITIONS. 9-305. PURVEYORS OF FOOD THAT COMPLY WITH THE APPLICABLE STATE AND FEDERAL LAWS. S 9-301. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE "COMMONSENSE CONSUMPTION ACT". S 9-303. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE: 1. "CLAIM" SHALL MEAN ANY CLAIM BY OR ON BEHALF OF A NATURAL PERSON, AS WELL AS ANY DERIVATIVE OR OTHER CLAIM ARISING THEREFROM ASSERTED BY OR ON BEHALF OF ANY OTHER PERSON. 2. "GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION" SHALL MEAN A CONDITION GENERALLY KNOWN TO RESULT OR LIKELY TO RESULT FROM THE CUMULATIVE EFFECT OF CONSUMPTION, AND NOT FROM A SINGLE INSTANCE OF CONSUMPTION. 3. "KNOWING AND WILLFUL VIOLATION OF FEDERAL OR STATE LAW" SHALL MEAN THAT: A. THE CONDUCT CONSTITUTING THE VIOLATION WAS COMMITTED WITH THE INTENT TO DECEIVE OR INJURE CONSUMERS OR WITH ACTUAL KNOWLEDGE THAT SUCH CONDUCT WAS INJURIOUS TO CONSUMERS; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08361-01-9 S. 4426 2
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