Senate Bill S6842B

Signed By Governor
2015-2016 Legislative Session

Relates to the misbranding of certain fish species

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Archive: Last Bill Status Via A1231 - Signed by Governor


  • 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

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Bill Amendments

2015-S6842 - Details

See Assembly Version of this Bill:
A1231
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §201-i, Ag & Mkts L
Versions Introduced in 2013-2014 Legislative Session:
A9620

2015-S6842 - Summary

Relates to the misbranding of escolar or oilfish as tuna, albacore tuna or white tuna.

2015-S6842 - Sponsor Memo

2015-S6842 - Bill Text download pdf

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

                                  6842

                            I N  S E N A T E

                            February 26, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- 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
  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.
              

2015-S6842A - Details

See Assembly Version of this Bill:
A1231
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §201-i, Ag & Mkts L
Versions Introduced in 2013-2014 Legislative Session:
A9620

2015-S6842A - Summary

Relates to the misbranding of escolar or oilfish as tuna, albacore tuna or white tuna.

2015-S6842A - Sponsor Memo

2015-S6842A - Bill Text download pdf

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

                                 6842--A

                            I N  S E N A T E

                            February 26, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  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
  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,  WHOLESALER,  DISTRIBUTOR,  RETAIL  FOOD STORE OR FOOD
SERVICE ESTABLISHMENT 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  SUBDIVISION ONE OF THIS
SECTION.
  S 2. 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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06132-03-6

              

2015-S6842B (ACTIVE) - Details

See Assembly Version of this Bill:
A1231
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §201-i, Ag & Mkts L
Versions Introduced in 2013-2014 Legislative Session:
A9620

2015-S6842B (ACTIVE) - Summary

Relates to the misbranding of escolar or oilfish as tuna, albacore tuna or white tuna.

2015-S6842B (ACTIVE) - Sponsor Memo

2015-S6842B (ACTIVE) - Bill Text download pdf

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

                                 6842--B

                            I N  S E N A T E

                            February 26, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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
  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, WHOLESALER,  DISTRIBUTOR,  RETAIL  FOOD  STORE  OR  FOOD
SERVICE  ESTABLISHMENT SHALL WILLFULLY SELL, OFFER FOR SALE, DISTRIBUTE,
IMPORT, OR EXPORT THE SPECIES OF FISH COMMONLY KNOWN AS ESCOLAR OR OILF-
ISH UNDER THE NAME TUNA, ALBACORE TUNA, WHITE TUNA, OR ANY OTHER SPECIES
NAME, COMMON OR SCIENTIFIC, OTHER THAN THE RECOGNIZED COMMON  OR  SCIEN-
TIFIC  SPECIES NAMES FOR SUCH SPECIES DEFINED IN SUBDIVISION ONE OF THIS
SECTION.
  S 2. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06132-06-6

              

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