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

                                  2320

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03793-01-5

              

A. 2320                             2

  (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
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.

A. 2320                             3

  (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
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.

A. 2320                             4

  (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)  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.

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

                                 2320--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by M. of A. DINOWITZ, MOSLEY, HIKIND, JAFFEE, SIMON, JOYNER,
  COLTON, GOTTFRIED, GALEF, STECK, ARROYO -- Multi-Sponsored by -- M. of
  A.  BROOK-KRASNY, COOK, GLICK, PERRY -- read once and referred to  the
  Committee  on Consumer Affairs and Protection -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03793-02-5
              

A. 2320--A                          2

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
prediabetes  has  increased from 9 percent to 23 percent.  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.

A. 2320--A                          3

  (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
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.

A. 2320--A                          4

  (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)  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.