BILL NUMBER:S7730

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to labeling requirements for fish wholesalers

PURPOSE OR GENERAL IDEA OF BILL:  This legislation would amend the
agriculture and markets law to require that wholesalers of fish and/or
seafood may only sell such fish or seafood that is in sealed and
clearly labeled containers; and to require the labels to include 1)
the identity of the commodity, 2) the weight of the commodity, 3) the
name and address of the shipper, packer, or distributor, and 4) the
state and county of commodity origin.

SUMMARY OF PROVISIONS:

Section one would amend the agriculture and markets law by adding a
new section 214-o, which would require that any wholesaler of fish
and/or seafood may only sell edible or otherwise saleable fish or
seafood for consumption purposes in sealed and clearly labeled
containers. The labels must include the following: 1) the identity of
the commodity, 2) the weight of the commodity, 3) the name and address
of the shipper, packer, or distributor, and 4) the state and county of
commodity origin.

Section two provides that this act shall take effect immediately.

              

JUSTIFICATION:  Under the existing federal law, wholesalers of
fish/seafood are required to attach labels that provide correct
information of the weight, identity and origin of the fish/seafood
offered for sale. In addition, federal law requires the label to
contain the name and address of the shipper, packer, or distributor of
the fish product.

While law exists to prevent mislabeling of fish and seafood, media
reports and studies indicate that there is widespread non-compliance
with existing federal statutes in labeling fish products. Various
incidents have been reported at wholesale markets where wholesalers
remove the original label affixed on fish containers only to replace
them with a new label or handwritten note that provides inaccurate
counts and net weighs (short-weight) and misidentifies the name and
origin of fish. These instances result in retailers receiving less for
their money, costing legitimate business sales, and reducing
confidence in the seafood product purchased by both retailers and
consumers.

This bill proposes to address the problem of weight deception, species
substitution and improper labeling by enacting an explicit requirement
that seafood must be accurately labeled at the wholesale level.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE PATE:  This bill takes effect immediately.