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

                                  7054

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

Introduced by M. of A. J. MILLER -- Multi-Sponsored by -- M. of A. CRES-
  PO,  McKEVITT  --  read once and referred to the Committee on Consumer
  Affairs and Protection

AN ACT to amend the general business law,  in  relation  to  changes  to
  grocery item packaging

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

  Section 1. The general business law is amended by adding a new section
396-zz to read as follows:
  S 396-ZZ. CHANGES TO GROCERY  ITEM PACKAGING. 1. IT SHALL BE A  DECEP-
TIVE ACT AND PRACTICE AS DEFINED BY ARTICLE TWENTY-TWO-A OF THIS CHAPTER
FOR THE SELLER OF PREPACKAGED GROCERY ITEMS TO KNOWINGLY SELL SUCH ITEMS
IF THE SIZE OF THEIR COMMONLY SOLD STANDARD PACKAGING HAS BEEN MADE MORE
THAN  TEN PERCENT SMALLER THAN PREVIOUSLY SOLD WITHOUT INFORMING CONSUM-
ERS OF SUCH SIZE CHANGES, EXCEPTING CASES WHERE THE PRICE  PER  UNIT  OF
MEASUREMENT  HAS  NOT  CHANGED FOR SUCH ITEMS. A PROMINENT SIGN SHALL BE
DISPLAYED BY SUCH SELLER FOR NOT LESS THAN NINETY DAYS AFTER  THE  FIRST
SUCH  NEW AND SMALLER PACKAGE HAS BEEN PLACED ON DISPLAY FOR SALE, SHALL
BE IN AT LEAST SEVENTY-TWO POINT TYPE, AND SHALL INCLUDE  LANGUAGE  THAT
IS AT A MINIMUM CONSTRUCTIVELY SIMILAR TO THE FOLLOWING:
  NOTE:  THE PREVIOUSLY SOLD PACKAGE OF THIS PRODUCT (PRODUCT) WHICH WAS
SOLD IN A (SIZE AND TYPE OF PACKAGE) AT A PRICE OF (PRICE  PER  UNIT  OF
MEASUREMENT)  IS  NOW  BEING  SOLD  IN A (SIZE AND TYPE OF PACKAGE) AT A
PRICE OF (PRICE PER UNIT OF MEASUREMENT).
  THIS PROVISION SHALL APPLY TO ANY GROCERY ITEM WHICH HAS BEEN  OFFERED
FOR  SALE  IN  ITS  PRIOR PACKAGE SIZE FOR A PERIOD OF ONE YEAR OR MORE,
SUCH THAT A CONSUMER MIGHT REASONABLY EXPECT THAT WHEN  PURCHASING  THAT
ITEM  THEY  ARE RECEIVING THE PREVIOUSLY CUSTOMARY AND EXPECTED QUANTITY
OF SAID ITEM.  IT SHALL BE THE RESPONSIBILITY OF THE GROCERY DISTRIBUTOR
TO PROVIDE THE RETAILER WITH APPROPRIATE MATERIALS TO LABEL SUCH GROCERY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08217-01-1

              

A. 7054                             2

ITEMS WHEN THERE HAS BEEN A CHANGE IN WHAT WAS PREVIOUSLY THE  CUSTOMARY
SIZE OF PACKAGING.
  2.   SELLERS  SHALL  BE  EXEMPT  FROM  THE  NOTIFICATION  REQUIREMENTS
CONTAINED IN THIS SECTION IN ANY CASE WHERE BOTH THE  ORIGINAL  AND  NEW
SIZED  PACKAGES  ARE  OFFERED  FOR  SALE SIMULTANEOUSLY AND DISPLAYED IN
IMMEDIATE PROXIMITY TO EACH OTHER FOR A PERIOD OF  AT  LEAST  FORTY-FIVE
DAYS.
  3.   SELLERS  SHALL  BE  EXEMPT  FROM  THE  NOTIFICATION  REQUIREMENTS
CONTAINED IN THIS SECTION IN ANY CASE WHERE THE PER UNIT PRICE FOR  BOTH
THE  OLD  AND  NEW  SIZES  OF SUCH PACKAGED GROCERY ITEMS IS AND REMAINS
IDENTICAL FOR A PERIOD OF NOT LESS THAN SIXTY DAYS.
  4.  VIOLATIONS OF THIS SECTION WILL BE SUBJECT TO ALL  SUCH  PENALTIES
AND REMEDIES AS PROVIDED FOR BY ARTICLE TWENTY-TWO-A OF THIS CHAPTER AND
AS THE ATTORNEY GENERAL MAY DEEM APPROPRIATE.
  5.  IN  ADDITION,  A  SELLER  FOUND TO BE IN VIOLATION OF THIS SECTION
SHALL BE SUBJECT TO A PENALTY OF  TREBLE  THE  UNIT  PRICE  DIFFERENTIAL
MULTIPLIED  BY THE NUMBER OF UNITS OFFERED FOR SALE IN VIOLATION OF THIS
PROVISION, AND FURTHER MULTIPLIED BY THE NUMBER OF DAYS THAT SUCH  ITEMS
WERE OFFERED FOR SALE TO THE PUBLIC. FINES LEVIED PURSUANT TO VIOLATIONS
OF THIS SECTION SHALL BE PAYABLE TO THE GENERAL FUND.
  6.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY RETAIL STORE
LOCATIONS WITH FEWER THAN SEVEN THOUSAND FIVE  HUNDRED  SQUARE  FEET  OF
SPACE DEDICATED TO SALES OF GROCERY ITEMS.
  S 2. This act shall take effect immediately.