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

                                  9620

                          I N  A S S E M B L Y

                              May 13, 2014
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred to the Committee
  on Agriculture

AN  ACT  to  amend  the  agriculture  and  markets  law,  in relation to
  misbranding of certain fish species

  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 201-i to read as follows:
  S 201-I. MISBRANDING OF CERTAIN FISH SPECIES. 1.    AS  USED  IN  THIS
SECTION:  (A) "ESCOLAR" SHALL MEAN ANY VARIETY OF FISH KNOWN AS ESCOLAR,
WALU, SNAKE MACKEREL, OR ANY OTHER COMMON NAME OF THE SCIENTIFIC SPECIES
NAME LEPIDOCYBIUM FLAVORBRUNNEUM.
  (B)  "OILFISH"  SHALL MEAN ANY VARIETY OF FISH KNOWN AS OILFISH OR ANY
OTHER COMMON NAME OF THE SCIENTIFIC SPECIES NAME RUVETTUS PRETIOSUS.
  (C) "WHITE TUNA" SHALL MEAN THE FISH SPECIES KNOWN AS  ALBACORE  TUNA,
LONG FIN TUNA, OR THE SCIENTIFIC SPECIES NAME THUNNUS ALALUNGA.
  2.  NO  PERSON, RETAIL OR PUBLIC FOOD SERVICE ESTABLISHMENT AS DEFINED
IN SECTION SEVENTY-ONE-Y OF THIS CHAPTER, SHALL SELL,  OFFER  FOR  SALE,
DISTRIBUTE,  IMPORT,  OR  EXPORT  THE  SPECIES OF FISH COMMONLY KNOWN AS
ESCOLAR OR OILFISH UNDER THE NAME TUNA, ALBACORE TUNA,  WHITE  TUNA,  OR
ANY  OTHER SPECIES NAME, COMMON OR SCIENTIFIC, OTHER THAN THE RECOGNIZED
COMMON OR SCIENTIFIC SPECIES NAMES FOR SUCH SPECIES DEFINED IN  SUBDIVI-
SION ONE OF THIS SECTION.
  S  2.  Section  39  of  the agriculture and markets law, as amended by
section 1 of part Q of chapter 59 of the laws of  2009,  is  amended  to
read as follows:
  S 39. Penalties  for  violation of chapter or other laws. Every person
violating any of the provisions of this chapter, or of any other law the
enforcement of which is within the jurisdiction of the department shall,
except where other penalties are hereinafter prescribed, be subject to a
penalty in the sum of not more than six hundred dollars  for  the  first
violation, nor more than one thousand two hundred dollars for the second
and  each subsequent violation and provided further, however, that for a
violation of subdivision thirteen or fifteen of section two  hundred  of

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

                                                           LBD14366-01-4

A. 9620                             2

this  chapter, the minimum penalty shall be five hundred dollars and the
maximum penalty shall be one thousand dollars and that  for  the  second
and  subsequent  offenses such person may also be subject to an adminis-
trative order suspending the manufacture and/or sale of such confection-
ery for a period of time up to three months for each such violation; AND
PROVIDED  FURTHER,  HOWEVER,  THAT FOR A VIOLATION OF SUBDIVISION TWO OF
SECTION TWO HUNDRED ONE-I OF THIS CHAPTER, THE MINIMUM PENALTY SHALL  BE
ONE THOUSAND DOLLARS AND A MAXIMUM OF TWO THOUSAND DOLLARS FOR THE FIRST
OFFENSE  AND  FOR THE SECOND AND SUBSEQUENT OFFENSES ANY PERSON, RETAIL,
OR FOOD SERVICE ESTABLISHMENT FOUND TO BE IN VIOLATION MAY BE SUBJECT TO
AN ADMINISTRATIVE ORDER SUSPENDING THE SALE, OFFER  FOR  SALE,  DISTRIB-
UTION, IMPORT, OR EXPORT OF SUCH FISH SPECIES FOR A PERIOD OF TIME UP TO
THREE  MONTHS  FOR EACH VIOLATION.   When such violation consists of the
manufacture or production of any prohibited  article,  each  day  during
which  or any part of which such manufacture or production is carried on
or continued, shall be deemed a separate violation. When  the  violation
consists  of  the sale, or the offering or exposing for sale or exchange
of any prohibited article or substance, the sale of each one of  several
packages  shall  constitute  a separate violation, and each day on which
any such article or substance is offered or exposed for sale or exchange
shall constitute a separate violation. If the sale be of milk and it  be
in cans, bottles or containers of any kind and if the milk in any one of
such  containers  be adulterated, it shall be deemed a violation whether
such vendor be selling all the milk in all  of  his  containers  to  one
person  or not. When the use of any such article or substance is prohib-
ited, each day during which  or  any  part  of  which  such  article  or
substance  is  so used or furnished for use, shall constitute a separate
violation, and the furnishing of the same for use to each person to whom
the same may be furnished shall constitute a  separate  violation.  When
the  storage  of any article is prohibited beyond a certain period, each
day during which or any part of which any article is  so  stored  beyond
the  period  provided  for  by this chapter, shall constitute a separate
violation. A right of action for the recovery of, or  a  liability  for,
penalties  incurred as provided in this chapter, or in any other law the
enforcement of which is within the jurisdiction of the  department,  may
be released, settled or compromised before the matter is referred to the
attorney  general as provided in section forty-four of this article, and
thereafter may be released,  settled  or  compromised  by  the  attorney
general,  either  before  or  after an action is brought to recover such
penalties.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made and completed by the commissioner  of
agriculture and markets on or before such effective date.