NY State Senate Bill 2015-S4933A

Senate Bill S4933A

2015-2016 Legislative Session

Relates to the governance of food label or the portion of food produced, processed, transported, stored, marketed, distributed, sold or offered for sale by the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	reported and committed to rules
Jan 29, 2016	print number 4933a
Jan 29, 2016	amend and recommit to agriculture
Jan 06, 2016	referred to agriculture
Jun 25, 2015	committed to rules
Jun 08, 2015	advanced to third reading
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1182
Apr 24, 2015	referred to agriculture

Votes

- Jun 7, 2016 - Agriculture Committee Vote
  S4933A
  
  10
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Jun 7, 2016
      
      aye (10)
      
      Comrie
      
      Funke
      
      Gallivan
      
      O'Mara
      
      Panepinto
      
      Ranzenhofer
      
      Ritchie
      
      Seward
      
      Valesky
      
      Young
      
      nay (3)
      
      Hamilton
      
      Montgomery
      
      Serrano
  Jun 2, 2015 - Agriculture Committee Vote
  S4933A
  
  9
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Jun 2, 2015
      
      aye (9)
      
      Funke
      
      Gallivan
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Seward
      
      Valesky
      
      Young
      
      nay (4)
      
      Comrie
      
      Hamilton
      
      Panepinto
      
      Serrano

Bill Amendments

Original

A (Active)

2015-S4933 - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§2 & 16, Ag & Mkts L
Versions Introduced in 2017-2018 Legislative Session:: S3877

2015-S4933 - Summary

Relates to the governance of food label or the portion of food produced, processed, transported, stored, marketed, distributed, sold or offered for sale by the state; vests jurisdiction in all matters pertaining to such exclusively in the state; preempts any local rule or ordinance on such subject.

2015-S4933 - Sponsor Memo

                                BILL NUMBER:S4933

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
governance of food labels or the portion of food produced, processed,
transported, stored, marketed, distributed, sold or offered for sale
by the state

PURPOSE:

To clarify that food labeling is vested exclusively in the state.

SUMMARY OF PROVISIONS:

Section one - adds two new subdivisions to section 2 of the
Agriculture and Markets Law to define "portion" and "food label."

Section two - amends subdivision 1 of section 16 of the Agriculture
and Markets Law to add that jurisdiction in all matters pertaining to
the food label or the portion of food produced, processed,
transported, stored, marketed, distributed, sold or offered for sale
in the state is vested exclusively in the state. It further provides
that any local law or ordinance relating to these matters will be
preempted upon the effective date of the law.

Section three - is the effective date.

JUSTIFICATION:

Recently, some local governments have considered passing their own
local laws relating to food labels and food portions. Food vendors and
processors typically have standard labels that they use for their
products, based upon state and federal rules, and usually sell in many
locations across the state. It would be very harmful to intrastate
commerce to arrive at a situation where various municipalities across
the state have their own special label and portion laws, so that
rather than having standard labels and portion sizes, each food
producer would have to use a different label depending upon where the
product was going. The inevitable result would be higher costs to
consumers, less choice for consumers, and situations where the rules
for a particular municipality might actually be in apparent conflict
with state rules. A variety of food labels would also cause confusion
to consumers, who might be unfamiliar with the unique label format
required by a particular municipality. This bill promotes uniformity
of food labels across the state, based upon the requirements
promulgated by the state, that will best serve the consumers and
producers in New York.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4933 - Bill Text download pdf

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

                                  4933

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  governance  of food labels or the portion of food produced, processed,
  transported, stored, marketed, distributed, sold or offered  for  sale
  by the state

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

  Section 1. Section 2 of the agriculture and markets law is amended  by
adding two new subdivisions 6 and 7 to read as follows:
  6. "PORTION" MEANS THE AMOUNT OF A GIVEN FOOD SOLD OR OFFERED FOR SALE
INCLUDING, BUT NOT LIMITED TO, THE SIZE OF THE CONTAINER OR PACKAGING IN
WHICH THE FOOD IS SOLD OR OFFERED FOR SALE.
  7.  "FOOD  LABEL"  MEANS  ANY AFFIXATION TO OR MARKING ON A PACKAGE OF
FOOD AS TO ITS NATURE OR QUALITY, OR THE CONTENTS OF A MATERIAL, PACKAGE
OR CONTAINER OR THE NAME OF THE MAKER.
  S 2. Subdivision 1 of section 16 of the agriculture and  markets  law,
as  amended  by  chapter  639 of the laws of 2004, is amended to read as
follows:
  1. Execute and carry into effect the laws of the state and  the  rules
of  the  department, relative to agriculture, horticulture, farm, fruit,
and dairy products, aquaculture, and the production, processing,  trans-
portation,  storage,  marketing  and  distributing  of food; enforce and
carry into effect the provisions of the laws of the  state  relative  to
weights and measures. JURISDICTION IN ALL MATTERS PERTAINING TO THE FOOD
LABEL  OR  THE PORTION OF FOOD PRODUCED, PROCESSED, TRANSPORTED, STORED,
MARKETED, DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS STATE IS  VESTED
EXCLUSIVELY  IN  THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE,
OR ANY RULE OR REGULATION PROMULGATED THERETO, GOVERNING THE FOOD  LABEL
OR THE PORTION OF FOOD PRODUCED, PROCESSED, TRANSPORTED, STORED, MARKET-
ED,  DISTRIBUTED,  SOLD OR OFFERED FOR SALE IN THE STATE SHALL, UPON THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN  WHICH
AMENDED THIS SUBDIVISION, BE PREEMPTED.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10564-01-5

2015-S4933A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§2 & 16, Ag & Mkts L
Versions Introduced in 2017-2018 Legislative Session:: S3877

2015-S4933A (ACTIVE) - Summary

2015-S4933A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4933A

 TITLE OF BILL :  An act to amend the agriculture and markets law, in
relation to the governance of food labels or the portion of food
produced, processed, transported, stored, marketed, distributed, sold
or offered for sale by the state

 PURPOSE :

To clarify that food labeling is vested exclusively in the state.

 SUMMARY OF PROVISIONS :

Section one - adds two new subdivisions to section 2 of the
Agriculture and Markets Law to define "portion" and "food label."

Section two - amends subdivision 1 of section 16 of the Agriculture
and Markets Law to add that jurisdiction in all matters pertaining to
the food label or the portion of food produced, processed,
transported, stored, marketed, distributed, sold or offered for sale
in the state is vested exclusively in the state. It further provides
that any local law or ordinance relating to these matters will be
preempted upon the effective date of the law.

Section three - is the effective date.

 JUSTIFICATION :

Recently, some local governments have considered passing their own
local laws relating to food labels and food portions. Food vendors and
processors typically have standard labels that they use for their
products, based upon state and federal rules, and usually sell in many
locations across the state. It would be very harmful to intrastate
commerce to arrive at a situation where various municipalities across
the state have their own special label and portion laws, so that
rather than having standard labels and portion sizes, each food
producer would have to use a different label depending upon where the
product was going. The inevitable result would be higher costs to
consumers, less choice for consumers, and situations where the rules
for a particular municipality might actually be in apparent conflict
with state rules. A variety of food labels would also cause confusion
to consumers, who might be unfamiliar with the unique label format
required by a particular municipality. This bill promotes uniformity
of food labels across the state, based upon the requirements
promulgated by the state, that will best serve the consumers and
producers in New York.

 LEGISLATIVE HISTORY :

2015 - S.4933 -- RULES

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S4933A (ACTIVE) - Bill Text download pdf

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

                                 4933--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Agriculture -- recom-
  mitted to the Committee on Agriculture in accordance with Senate  Rule
  6,  sec. 8 -- 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
  governance  of food labels or the portion of food produced, processed,
  transported, stored, marketed, distributed, sold or offered  for  sale
  by the state

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

  Section 1. Section 2 of the agriculture and markets law is amended  by
adding two new subdivisions 6 and 7 to read as follows:
  6. "PORTION" MEANS THE AMOUNT OF A GIVEN FOOD SOLD OR OFFERED FOR SALE
INCLUDING, BUT NOT LIMITED TO, THE SIZE OF THE CONTAINER OR PACKAGING IN
WHICH THE FOOD IS SOLD OR OFFERED FOR SALE.
  7.  "FOOD  LABEL"  MEANS  ANY AFFIXATION TO OR MARKING ON A PACKAGE OF
FOOD AS TO ITS NATURE OR QUALITY, OR THE CONTENTS OF A MATERIAL, PACKAGE
OR CONTAINER OR THE NAME OF THE MAKER.
  S 2. Subdivision 1 of section 16 of the agriculture and  markets  law,
as  amended  by  chapter  639 of the laws of 2004, is amended to read as
follows:
  1. Execute and carry into effect the laws of the state and  the  rules
of  the  department, relative to agriculture, horticulture, farm, fruit,
and dairy products, aquaculture, and the production, processing,  trans-
portation,  storage,  marketing  and  distributing  of food; enforce and
carry into effect the provisions of the laws of the  state  relative  to
weights and measures. JURISDICTION IN ALL MATTERS PERTAINING TO THE FOOD
LABEL  OR  THE PORTION OF FOOD PRODUCED, PROCESSED, TRANSPORTED, STORED,
MARKETED, DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS STATE IS  VESTED
EXCLUSIVELY  IN  THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10564-02-6

S. 4933--A                          2

OR ANY RULE OR REGULATION PROMULGATED THERETO, GOVERNING THE FOOD  LABEL
OR THE PORTION OF FOOD PRODUCED, PROCESSED, TRANSPORTED, STORED, MARKET-
ED,  DISTRIBUTED,  SOLD OR OFFERED FOR SALE IN THE STATE SHALL, UPON THE
EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH
AMENDED THIS SUBDIVISION, BE PREEMPTED.
  S 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.