S T A T E   O F   N E W   Y O R K
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                                  10172

                          I N  A S S E M B L Y

                             August 20, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Camara) --
  read once and referred  to  the  Committee  on  Consumer  Affairs  and
  Protection

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  labeling of sugar-sweetened beverages with warnings

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "sugar-sweetened beverages safety warning act".
  S 2. Legislative intent. The legislature  hereby  finds  and  declares
that:
  (a)  the prevalence of obesity in the state has increased dramatically
over the past 30 years. Although no group has escaped the epidemic,  low
income  communities  and  communities  of  color  are disproportionately
affected;
  (b) the obesity epidemic is  of  particular  concern  because  obesity
increases  the  risk  of  diabetes, heart disease, arthritis, asthma and
certain types of cancer. Depending on their level of  obesity,  from  60
percent to over 80 percent of obese adults currently suffer from type II
diabetes,  high  blood cholesterol, high blood pressure or other related
conditions;
  (c) the medical costs for people who are obese are dramatically higher
than for those of normal weight. Overweight and obesity account for $147
billion in health care costs nationally, or 9  percent  of  all  medical
spending,  with  one-half of these costs paid publicly through the Medi-
care and Medicaid programs;
  (d) there is overwhelming evidence of the link between obesity and the
consumption of sweetened beverages, such as soft drinks, energy  drinks,
sweet  teas and sports drinks. The 2010 Dietary Guidelines for Americans
recommend that everyone reduce their intake of sugar-sweetened  beverag-
es;
  (e) individuals who drink one to two sugar-sweetened beverages per day
have  a 26 percent higher risk for developing type II diabetes. Over the
past 10 years, the percentage of teens nationwide that have diabetes  or

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

                                                           LBD15523-01-4

A. 10172                            2

prediabetes has increased from 9 percent to 23 percent. According to the
American Diabetes Association, persons with type I diabetes should limit
or  avoid  consumption  of  sugar-sweetened  beverages. Complications of
diabetes  include:  heart  disease, nerve damage, gum infections, kidney
disease, hearing impairment, blindness,  amputation  of  toes,  feet  or
legs, and increased risk of Alzheimer's disease;
  (f)  according to nutrition experts, sweetened beverages, such as soft
drinks, energy drinks, sweet teas and sports drinks, offer little or  no
nutritional  value,  but  massive quantities of added sugars. A 20 ounce
bottle of soda contains the equivalent of approximately 17 teaspoons  of
sugar.  Yet,  the  American  Heart Association recommends that Americans
consume no more than five to nine teaspoons of sugar per day;
  (g) sugar-sweetened beverages are the single largest source  of  added
sugars  in  the American diet, with the average American drinking nearly
45 gallons of sweetened beverages a year, the equivalent of 39 pounds of
extra sugar every year. Over 50 percent of the United States  population
drinks one or more sugar-sweetened beverages per day;
  (h)  sugar-sweetened  beverages  are  a  unique  contributor to excess
caloric consumption. Research shows that calories  from  sugar-sweetened
beverages  do not satisfy hunger the way calories from solid food or fat
or protein-containing beverages such as those containing milk and plant-
based proteins. As a result, sugar-sweetened beverages tend  to  add  to
the calories people consume rather than replace them;
  (i)  consistent  evidence  shows a positive relationship between sugar
intake and dental caries (cavities) in  adults  and  fewer  caries  when
sugar  intake  is  restricted. Children who frequently consume beverages
high in sugar are at an increased  risk  for  dental  caries.  Untreated
dental  caries  can  lead  to pain, infection, tooth loss and, in severe
cases, death; and
  (j) evidence suggests that health warnings can increase knowledge  and
reduce consumption of harmful products.
  S  3.  The  agriculture  and  markets  law  is amended by adding a new
section 204-e to read as follows:
  S 204-E. LABELING OF SUGAR-SWEETENED BEVERAGES. 1. FOR THE PURPOSES OF
THIS SECTION:
  (A) "BEVERAGE  CONTAINER"  MEANS  ANY  SEALED  OR  UNSEALED  CONTAINER
REGARDLESS OF SIZE OR SHAPE INCLUDING, BUT NOT LIMITED TO, THOSE MADE OF
GLASS,  METAL,  PAPER,  PLASTIC, OR ANY OTHER MATERIAL OR COMBINATION OF
MATERIALS THAT IS USED OR INTENDED TO BE USED TO HOLD A  SUGAR-SWEETENED
BEVERAGE FOR INDIVIDUAL SALE TO A CONSUMER.
  (B)  "BEVERAGE DISPENSING MACHINE" MEANS ANY DEVICE THAT MIXES CONCEN-
TRATE WITH ANY ONE OR MORE OTHER INGREDIENTS, AND DISPENSES THE  RESULT-
ING MIXTURE INTO AN UNSEALED CONTAINER AS A READY-TO-DRINK BEVERAGE.
  (C) "CALORIC SWEETENER" MEANS ANY SUBSTANCE CONTAINING CALORIES, SUIT-
ABLE  FOR  HUMAN  CONSUMPTION,  THAT  HUMANS PERCEIVE AS SWEET AND SHALL
INCLUDE, BUT NOT BE LIMITED TO, SUCROSE, FRUCTOSE,  GLUCOSE,  AND  OTHER
SUGARS  AND  FRUIT  JUICE CONCENTRATES. "CALORIC" MEANS A SUBSTANCE THAT
ADDS CALORIES TO THE DIET OF THE INDIVIDUAL WHO CONSUMES SUCH SUBSTANCE.
  (D) "CONCENTRATE" MEANS A SYRUP OR POWDER THAT IS USED OR INTENDED  TO
BE USED FOR MIXING, COMPOUNDING OR MAKING A SUGAR-SWEETENED BEVERAGE.
  (E)  "CONSUMER"  MEANS  AN  INDIVIDUAL WHO PURCHASES A SUGAR-SWEETENED
BEVERAGE FOR A PURPOSE OTHER THAN RESALE.
  (F) "DISTRIBUTE" MEANS TO SELL OR OTHERWISE PROVIDE A PRODUCT  TO  ANY
PERSON FOR RESALE.
  (G) "NATURAL FRUIT JUICE" MEANS THE ORIGINAL LIQUID RESULTING FROM THE
PRESSING  OF  FRUIT,  THE  LIQUID  RESULTING  FROM THE RECONSTITUTION OF

A. 10172                            3

NATURAL FRUIT JUICE CONCENTRATE OR THE LIQUID RESULTING FROM THE  RESTO-
RATION OF WATER TO DEHYDRATED NATURAL FRUIT JUICE.
  (H) "NATURAL VEGETABLE JUICE" MEANS THE ORIGINAL LIQUID RESULTING FROM
THE PRESSING OF VEGETABLES, THE LIQUID RESULTING FROM THE RECONSTITUTION
OF  NATURAL VEGETABLE JUICE CONCENTRATE OR THE LIQUID RESULTING FROM THE
RESTORATION OF WATER TO DEHYDRATED NATURAL VEGETABLE JUICE.
  (I) "POWDER" MEANS A SOLID MIXTURE WITH ADDED CALORIC  SWEETENER  USED
IN  MAKING,  MIXING  OR COMPOUNDING A SUGAR-SWEETENED BEVERAGE BY MIXING
SUCH SOLID MIXTURE WITH ANY ONE OR MORE OTHER INGREDIENTS INCLUDING, BUT
NOT LIMITED TO, WATER, ICE, SYRUP,  SIMPLE  SYRUP,  FRUITS,  VEGETABLES,
FRUIT JUICE, OR CARBONATION OR OTHER GAS.
  (J)  "SEALED  BEVERAGE CONTAINER" MEANS A BEVERAGE CONTAINER HOLDING A
BEVERAGE THAT IS CLOSED OR SEALED BEFORE BEING OFFERED  FOR  SALE  TO  A
CONSUMER.
  (K)  (1)  "SUGAR-SWEETENED  BEVERAGE" MEANS ANY SWEETENED NONALCOHOLIC
BEVERAGE, CARBONATED OR NONCARBONATED, SOLD FOR HUMAN  CONSUMPTION  THAT
HAS ADDED CALORIC SWEETENERS AND WHICH CONTAINS SEVENTY-FIVE CALORIES OR
MORE PER TWELVE FLUID OUNCES.
  (2) SUCH TERM SHALL NOT INCLUDE:
  (A) ANY BEVERAGE CONTAINING ONE HUNDRED PERCENT NATURAL FRUIT JUICE OR
NATURAL VEGETABLE JUICE WITH NO ADDED CALORIC SWEETENERS;
  (B)  ANY LIQUID PRODUCT MANUFACTURED FOR ANY OF THE FOLLOWING USES AND
COMMONLY REFERRED TO AS A "DIETARY AID":
  (I) AN ORAL NUTRITIONAL THERAPY FOR PERSONS WHO CANNOT ABSORB OR META-
BOLIZE DIETARY NUTRIENTS FROM FOOD OR BEVERAGES,
  (II) A SOURCE OF NECESSARY NUTRITION USED AS A  RESULT  OF  A  MEDICAL
CONDITION, OR
  (III) AN ORAL ELECTROLYTE SOLUTION FOR INFANTS AND CHILDREN FORMULATED
TO PREVENT DEHYDRATION DUE TO ILLNESS;
  (C)  ANY  PRODUCT  FOR  CONSUMPTION  BY  INFANTS  AND THAT IS COMMONLY
REFERRED TO AS "INFANT FORMULA"; OR
  (D) ANY BEVERAGE WHOSE PRINCIPAL INGREDIENT BY WEIGHT IS MILK.
  (1) "SYRUP" MEANS A LIQUID MIXTURE WITH ADDED CALORIC  SWEETENER  USED
IN  MAKING,  MIXING  OR COMPOUNDING A SUGAR-SWEETENED BEVERAGE BY MIXING
SUCH LIQUID MIXTURE WITH ANY ONE OR MORE OTHER  INGREDIENTS,  INCLUDING,
BUT  NOT LIMITED TO, WATER, ICE, A POWDER, SIMPLE SYRUP, FRUITS, VEGETA-
BLES, FRUIT JUICE, VEGETABLE JUICE, OR CARBONATION OR OTHER GAS.
  (M) "UNSEALED BEVERAGE CONTAINER"  MEANS  A  BEVERAGE  CONTAINER  INTO
WHICH A BEVERAGE IS DISPENSED OR POURED AT THE PREMISES WHERE THE BEVER-
AGE IS PURCHASED INCLUDING, BUT NOT LIMITED TO, A CONTAINER FOR FOUNTAIN
DRINKS.
  2.  (A)  NO  PERSON  SHALL  DISTRIBUTE,  SELL  OR  OFFER  FOR  SALE  A
SUGAR-SWEETENED BEVERAGE IN A  SEALED  BEVERAGE  CONTAINER  UNLESS  SUCH
CONTAINER  BEARS THE FOLLOWING SAFETY WARNING AND OTHERWISE MEETS ALL OF
THE REQUIREMENTS OF THIS SUBDIVISION:
  "SAFETY WARNING: DRINKING BEVERAGES WITH ADDED  SUGAR  CONTRIBUTES  TO
OBESITY, DIABETES AND TOOTH DECAY."
  (B)  (1) THE SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL BE CONSPICUOUSLY DISPLAYED AND READILY LEGIBLE UNDER ORDINARY
CONDITIONS ON THE FRONT OF THE SEALED BEVERAGE CONTAINER,  SEPARATE  AND
APART  FROM  ALL  OTHER INFORMATION, AND SHALL BE ON A CONTRASTING BACK-
GROUND.  THE ENTIRE SAFETY WARNING SHALL APPEAR IN BOLD TYPE.
  (2) THE SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF  THIS  SUBDIVISION
SHALL APPEAR IN A FONT SIZE AND IN A MAXIMUM NUMBER OF CHARACTERS (I.E.,
LETTERS, NUMBERS, AND MARKS) PER INCH, AS FOLLOWS:

A. 10172                            4

  (A)  FOR BEVERAGE CONTAINERS OF EIGHT FLUID OUNCES OR LESS, THE SAFETY
WARNING SHALL BE IN SCRIPT, TYPE OR PRINTING NOT SMALLER THAN ONE MILLI-
METER, AND THERE SHALL BE NO MORE THAN FORTY CHARACTERS PER LINEAR INCH.
  (B)  FOR  BEVERAGE CONTAINERS OF MORE THAN EIGHT FLUID OUNCES AND LESS
THAN ONE LITER, THE SAFETY WARNING SHALL BE IN SCRIPT, TYPE OR  PRINTING
NOT  SMALLER THAN 2 MILLIMETERS, AND THERE SHALL BE NO MORE THAN TWENTY-
FIVE CHARACTERS PER LINEAR INCH.
  (C) FOR BEVERAGE CONTAINERS OF ONE LITER OR MORE, THE  SAFETY  WARNING
SHALL BE IN SCRIPT, TYPE OR PRINTING NOT SMALLER THAN THREE MILLIMETERS,
AND THERE SHALL BE NO MORE THAN TWELVE CHARACTERS PER LINEAR INCH.
  (C)  IF  THE SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION IS NOT PRINTED DIRECTLY ON THE BEVERAGE CONTAINER, THE SAFETY WARN-
ING SHALL BE AFFIXED TO THE BEVERAGE CONTAINER IN SUCH A MANNER THAT  IT
CANNOT  BE  REMOVED  WITHOUT  THOROUGH  APPLICATION  OF  WATER  OR OTHER
SOLVENTS.
  (D) NO PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE A MULTIPACK  OF
SUGAR-SWEETENED  BEVERAGES  IN  SEALED  BEVERAGE  CONTAINERS  UNLESS THE
MULTIPACK OF BEVERAGES BEARS THE SAFETY WARNING  REQUIRED  BY  PARAGRAPH
(A) OF THIS SUBDIVISION. THE SAFETY WARNING SHALL BE POSTED CONSPICUOUS-
LY  ON  AT LEAST TWO SIDES OF THE MULTIPACK, IN ADDITION TO BEING POSTED
ON EACH INDIVIDUAL SEALED BEVERAGE CONTAINER.
  (E) NO PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE  A  CONCENTRATE
UNLESS  THE  PACKAGING  OF THE CONCENTRATE, WHICH IS INTENDED FOR RETAIL
SALE, BEARS THE SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF THIS  SUBDI-
VISION.    THE SAFETY WARNING SHALL BE POSTED CONSPICUOUSLY ON THE FRONT
OF THE PACKAGING OF THE CONCENTRATE.
  3. (A) EVERY PERSON WHO OWNS, LEASES OR OTHERWISE CONTROLS  THE  PREM-
ISES  WHERE A VENDING MACHINE OR BEVERAGE DISPENSING MACHINE IS LOCATED,
OR WHERE A SUGAR-SWEETENED BEVERAGE IS  SOLD  IN  AN  UNSEALED  BEVERAGE
CONTAINER,  SHALL  PLACE OR CAUSE TO BE PLACED, A SAFETY WARNING IN EACH
OF THE FOLLOWING LOCATIONS:
  (1)  ON  THE  EXTERIOR  OF  ANY  VENDING  MACHINE  THAT   INCLUDES   A
SUGAR-SWEETENED BEVERAGE FOR SALE;
  (2)  ON  THE  EXTERIOR  OF  ANY  BEVERAGE DISPENSING MACHINE USED BY A
CONSUMER TO DISPENSE A SUGAR-SWEETENED  BEVERAGE  THROUGH  SELF-SERVICE;
AND
  (3)   AT   THE   POINT-OF-PURCHASE  WHERE  ANY  CONSUMER  PURCHASES  A
SUGAR-SWEETENED BEVERAGE IN AN UNSEALED  BEVERAGE  CONTAINER,  WHEN  THE
UNSEALED  BEVERAGE  CONTAINER  IS FILLED BY AN EMPLOYEE OF A FOOD ESTAB-
LISHMENT RATHER THAN THE CONSUMER.
  (B) THE SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF  THIS  SUBDIVISION
SHALL CONTAIN THE FOLLOWING LANGUAGE:
  "SAFETY  WARNING:  DRINKING  BEVERAGES WITH ADDED SUGAR CONTRIBUTES TO
OBESITY, DIABETES AND TOOTH DECAY."
  (C) THE SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF  THIS  SUBDIVISION
SHALL  BE  CONSPICUOUSLY  DISPLAYED  AND  READILY LEGIBLE UNDER ORDINARY
CONDITIONS, SEPARATE AND APART FROM ALL OTHER INFORMATION, AND SHALL  BE
ON  A CONTRASTING BACKGROUND.  THE ENTIRE SAFETY WARNING SHALL APPEAR IN
BOLD TYPE.
  4. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
TY OF NOT LESS THAN FIFTY DOLLARS, NOR MORE THAN FIVE HUNDRED DOLLARS.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.