NY State Senate Bill 2011-S2608

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2011	referred to consumer protection

2011-S2608 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §204-e, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:: S454

2011-S2608 (ACTIVE) - Summary

Provides that no person shall manufacture, pack, sell, offer for sale and/or expose for sale any food commodity in package form unless it is labelled with certain information relating to the approximate amount of sodium or sodium compound, in milligrams, contained in such food commodity; sets forth other specifics that shall be included on such label; exempts fresh fruits, vegetables and unprocessed meat, poultry and fish, milk and eggs, food sold for consumption on premises, and identical items within a multi-item package that is properly labeled with the sodium contents.

2011-S2608 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2608

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the
labeling of foods containing
sodium and sodium compounds

PURPOSE/SUMMARY OF PROVISIONS:
Adds section 204-e to
the Agriculture
and Markets Law to require that packaged foods contain the following
information:

* Size of serving

* Total amount of servings in the package

* The milligrams of sodium in each serving

* The words "high in sodium" or "high salted" if a serving is greater
than 400 milligrams

* The words "In some people, a high salt (sodium) diet may contribute
to high blood pressure" along with the words "high in sodium" or
"highly salted" if a serving is greater than 800 milligrams

This legislation would exempt from the aforementioned requirements the
following:

* Fresh fruits, vegetables and fresh unprocessed meat, poultry and fish

* Milk and eggs

* Food sold for consumption on the premises

* Identical items within a multi-item package that is properly labeled
with the sodium contents

This legislation intends to alert consumers to the sodium content of
foods.

JUSTIFICATION:
It is estimated that hypertension
(high blood pressure)
affects over 25% of the United States population and 40% of older
people. Excess dietary sodium is an adverse factor in most people
prone to hypertension because excess sodium upsets the balance of
sodium and potassium in the bloodstream needed for a smooth flow of
bodily fluids.
The whole system of modern food processing contributes to the high
intake of sodium because, in the processing, potassium is lost and
sodium is
added (often unnecessarily). Excess sodium has also been linked
to heart disease, stomach cancer, stroke, and migraines.


It is impossible for people afflicted by high blood pressure or
healthy adults who simply want to curtail their sodium intake as a
preventive measure, to avoid excessive amounts of sodium consumption
(found in all processed foods) without some form of labeling
requirement. Sodium is not found in foods that taste salty. Indeed,
it is the "hidden sodium" in processed foods that is the biggest
culprit.

Consider the following:

* One serving of Campbell's Chicken Noodle Soup - 1,222 milligrams

* One 4 ounce serving of canned sweet peas - 8OO milligrams

* One large dill pickle - 28 milligrams

* One-half slice of Devil's Food Cake - 402 milligrams

According to a recent report by the National Academy of Sciences, the
estimated safe sodium intake for a healthy adult should not exceed
3,000 milligrams per day. Yet, it is also estimated that sodium
consumption per adult varies between 4,000 milligrams and 10,000
milligrams daily. This is some twenty to fifty times more than the
body needs. Most major medical and health care organizations have
repeatedly urged the federal government to take actions to mandate
sodium content labeling. Yet, federal proposals would result, at
best, in a voluntary measure with only a percentage of industry
participating.

The medical costs associated with the treatment of hypertension
related diseases and disorders are estimated at $8 billion per year
nationwide.
The costs associated with this proposal would be far below any health
care costs this State has undertaken. According to reports,
mandatory sodium labeling would generate very little expense to
either government or the food industry. Industry could be allowed to
use the Food and Drug Administration's nutrient data bank for
information on sodium levels.
The New York State Consumer Protection Board, the New York city
Department of Consumer Affairs, the Cooperative Extension of Cornell
University, the American Association of Retired Persons, the American
Heart Association, the American Dietetic Association, and the Center
for Science in the Public Interest support this legislation.

FISCAL IMPLICATIONS:
There would be some costs
incurred in the
promulgation of rules and regulations.

EFFECTIVE DATE:
This act shall take effect two years
after the date on
which it shall have become a law, however, it shall not be deemed to
affect any food commodity already packaged before the effective date
of this act.

2011-S2608 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2608

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 26, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  labeling of foods containing sodium and sodium compounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 204-e to read as follows:
  S  204-E.  FOODS  CONTAINING SODIUM AND SODIUM COMPOUNDS. 1.  NOTWITH-
STANDING ANY CONTRARY PROVISION OF LAW,  NO  PERSON  SHALL  MANUFACTURE,
PACK,  SELL, OFFER FOR SALE AND/OR EXPOSE FOR SALE ANY FOOD COMMODITY IN
PACKAGE FORM UNLESS IT IS LABELED WITH THE FOLLOWING  INFORMATION  IN  A
FORM TO BE PRESCRIBED BY THE COMMISSIONER:
  A. THE SIZE OF A SERVING OF THE FOOD COMMODITY,
  B. THE TOTAL AMOUNT OF SUCH SERVINGS IN THE PACKAGE,
  C.  THE  APPROXIMATE  AMOUNT  OF SODIUM, IN MILLIGRAMS, CONTAINED IN A
SERVING OF THE FOOD COMMODITY WHICH APPROXIMATE AMOUNT SHALL REPRESENT A
GOOD FAITH EFFORT MADE BY THE MANUFACTURER, PACKER OR  SELLER  TO  LABEL
SUCH  PACKAGE  WITH A VALUE THAT IS AS NEAR AS PRACTICABLE TO THE AMOUNT
OF SODIUM IN A SERVING OF THE FOOD COMMODITY, COMPUTED  TO  THE  NEAREST
MULTIPLE OF FIVE MILLIGRAMS, AS CAN BE OBTAINED BY A REASONABLE ANALYSIS
OF SUCH FOOD COMMODITY, EXCEPT THAT, IF NOT MORE THAN TEN MILLIGRAMS ARE
CONTAINED  IN  A  SPECIFIED  SERVING OF THE FOOD, THE LABEL SHALL BEAR A
STATEMENT TO THAT EFFECT.
  2. A. IF THE APPROXIMATE AMOUNT, IN MILLIGRAMS, CONTAINED IN A SERVING
IS GREATER THAN FOUR HUNDRED MILLIGRAMS, THEN EITHER THE WORDS "HIGH  IN
SODIUM"  OR  "HIGHLY  SALTED"  MUST ALSO BE INCLUDED ON THE LABEL OF THE
PACKAGE.
  B. IF THE APPROXIMATE AMOUNT, IN MILLIGRAMS, CONTAINED IN A SERVING IS
GREATER THAN EIGHT HUNDRED MILLIGRAMS, THEN EITHER THE  WORDS  "HIGH  IN
SODIUM"  OR  "HIGHLY  SALTED"  MUST ALSO BE INCLUDED ON THE LABEL OF THE
PACKAGE ALONG WITH THE SENTENCE: "IN SOME PEOPLE A  HIGH  SALT  (SODIUM)
DIET MAY CONTRIBUTE TO HIGH BLOOD PRESSURE".
  3. FOR PURPOSES OF THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07243-01-1

S. 2608                             2

  A.  THE  TERM  "SODIUM"  SHALL  INCLUDE THE SODIUM CONTAINED IN SODIUM
COMPOUNDS.
  B.  THE  TERM  "FOOD  COMMODITY IN PACKAGE FORM" SHALL BE CONSTRUED TO
MEAN A FOOD COMMODITY PACKAGED IN ANY MANNER IN ADVANCE OF SALE IN UNITS
SUITABLE FOR RETAIL SALE, AND CUSTOMARILY SOLD  IN  A  FOOD  STORE,  BUT
SHALL NOT INCLUDE THE FOLLOWING:
  (I) FRESH FRUITS, FRESH VEGETABLES AND FRESH UNPROCESSED MEAT, POULTRY
AND FISH;
  (II) MILK AND EGGS;
  (III) FOOD SOLD FOR CONSUMPTION ON THE PREMISES; AND
  (IV)  IDENTICAL  ITEMS  WITHIN  A  MULTI-ITEM PACKAGE THAT IS PROPERLY
LABELED WITH THE SODIUM CONTENT.
  C. THE TERM "SERVING" SHALL BE CONSTRUED TO MEAN THAT REASONABLE QUAN-
TITY OF FOOD SUITED FOR, OR PRACTICABLE FOR, CONSUMPTION AS  PART  OF  A
MEAL  BY  AN  ADULT  MALE  ENGAGED  IN LIGHT PHYSICAL ACTIVITY, OR BY AN
INFANT OR CHILD UNDER FOUR YEARS OF AGE WHEN THE ARTICLE PURPORTS TO, OR
IS REPRESENTED TO BE, FOR CONSUMPTION BY AN INFANT OR CHILD  UNDER  FOUR
YEARS OF AGE.
  D.  THE TERM "APPROXIMATE AMOUNT OF SODIUM" SHALL BE CONSTRUED TO MEAN
A "REPRESENTATIVE VALUE" IN MILLIGRAMS OF THE AMOUNT OF SODIUM CONTAINED
IN A SERVING OF THE FOOD COMMODITY AND SHALL NOT BE CONSTRUED SO RIGIDLY
AS TO NOT ALLOW  DEVIATIONS FROM THE VALUE LABELED  BECAUSE  OF  DIFFER-
ENCES  IN  THE  AREAS  WHERE  THE  FOOD COMMODITY IS GROWN OR BECAUSE OF
SEASONAL CROP DIFFERENCES.
  4. A. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY THE  MUNICI-
PAL  DIRECTORS  OF  WEIGHTS  AND  MEASURES APPOINTED PURSUANT TO ARTICLE
SIXTEEN OF THIS CHAPTER.  THE EXCLUSIVE REMEDY FOR A VIOLATION  OF  THIS
SECTION  SHALL  BE THE ISSUANCE OF A REMOVAL ORDER, AS PROVIDED IN PARA-
GRAPH B OF THIS SUBDIVISION, AND THE CIVIL PENALTY FOR FAILURE TO COMPLY
THEREWITH, AS PROVIDED IN PARAGRAPH D OF THIS SUBDIVISION.
  B. WHENEVER ANY MUNICIPAL WEIGHTS  AND  MEASURES  OFFICIAL  FINDS  ANY
PACKAGED FOOD OR FOOD PRODUCT BEING SOLD, OFFERED OR EXPOSED FOR SALE IN
VIOLATION  OF  ANY SUBDIVISION OF THIS SECTION, HE SHALL ISSUE A REMOVAL
ORDER. SUCH ORDER SHALL BE IN WRITING, SHALL IDENTIFY THE FOOD  OR  FOOD
PRODUCT  WHICH IS IN VIOLATION OF THIS SECTION AND DIRECT THAT SUCH FOOD
OR FOOD PRODUCT BE IMMEDIATELY REMOVED FROM SALE.
  C. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL, OFFER  OR  EXPOSE  FOR
SALE  ANY FOOD OR FOOD PRODUCT FOR WHICH A REMOVAL ORDER HAS BEEN ISSUED
AND IS IN EFFECT PURSUANT TO THIS SECTION.
  D. FAILURE TO COMPLY WITH A REMOVAL ORDER SHALL CONSTITUTE A  SEPARATE
VIOLATION  WITH  RESPECT TO EACH PACKAGE OR CONTAINER WHICH IS NOT IMME-
DIATELY REMOVED FROM SALE. EACH DAY  OR  PART  THEREOF  A  VIOLATION  IS
CONTINUED  SHALL CONSTITUTE A SEPARATE VIOLATION. THE MUNICIPAL DIRECTOR
OF WEIGHTS AND MEASURES MAY REFER THE EVIDENCE OF A  VIOLATION  OF  THIS
SECTION  TO  THE ATTORNEY FOR THE MUNICIPALITY FOR THE COMMENCEMENT OF A
CIVIL ACTION, IN THE NAME OF THE MUNICIPALITY, TO RECOVER A CIVIL PENAL-
TY IN THE AMOUNTS PRESCRIBED IN SECTION THIRTY-NINE OF THIS  CHAPTER.  A
CAUSE OF ACTION FOR RECOVERY OF SUCH PENALTY MAY BE RELEASED, SETTLED OR
COMPROMISED  BY  THE MUNICIPAL DIRECTOR BEFORE THE MATTER IS REFERRED TO
THE MUNICIPAL ATTORNEY OR THEREAFTER BY SUCH ATTORNEY.   NOTWITHSTANDING
THE  PROVISIONS  OF  SECTION  FORTY-FIVE  OF  THIS  CHAPTER,  ALL MONEYS
COLLECTED HEREUNDER SHALL BE RETAINED BY THE MUNICIPALITY.
  S 2. This act shall take effect 2 years after the  date  on  which  it
shall  have  become a law; however, it shall not be deemed to affect any
food commodity already packaged before the effective date of this act.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2608

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2011-S2608 (ACTIVE) - Details

2011-S2608 (ACTIVE) - Summary

2011-S2608 (ACTIVE) - Sponsor Memo

2011-S2608 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2608

Share this bill

Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2011-S2608 (ACTIVE) - Details

2011-S2608 (ACTIVE) - Summary

2011-S2608 (ACTIVE) - Sponsor Memo

2011-S2608 (ACTIVE) - Bill Text download pdf

Comments