S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2473
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  GOTTFRIED, MOSLEY, JAFFEE, SIMON,
   JOYNER, COLTON, GALEF, STECK, ARROYO,  SIMOTAS,  SEAWRIGHT,  L. ROSEN-
   THAL, GLICK, ORTIZ -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA,
   D'URSO,  EPSTEIN,  PERRY -- read once and referred to the Committee 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".
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 204-e to read as follows:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01196-01-9
              

 A. 2473                             2
 
   (E)  "CONSUMER"  MEANS  AN  INDIVIDUAL WHO PURCHASES A SUGAR-SWEETENED
 BEVERAGE FOR A PURPOSE OTHER THAN RESALE.
   (F)  "DISTRIBUTE"  MEANS TO SELL OR OTHERWISE PROVIDE A PRODUCT TO ANY
 PERSON FOR RESALE.
   (G) "MENU OR MENU BOARD" MEANS THE PRIMARY WRITING OF  A  PUBLIC  FOOD
 SERVICE  ESTABLISHMENT, AS DEFINED IN SUBDIVISION THREE OF SECTION THIR-
 TEEN HUNDRED NINETY-NINE-N OF  THE  PUBLIC  HEALTH  LAW,  FROM  WHICH  A
 CONSUMER  MAKES AN ORDER SELECTION, WHICH CAN BE IN DIFFERENT FORMS SUCH
 AS BOOKLETS, PAMPHLETS, OR SINGLE SHEETS OF PAPER, AND  CAN  BE  LOCATED
 INSIDE OR OUTSIDE OF SUCH PUBLIC FOOD SERVICE ESTABLISHMENT.
   (H) "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.
   (I) "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.
   (J) "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.
   (K)  "PRINCIPAL  DISPLAY PANEL" MEANS THE PART OF A LABEL THAT IS MOST
 LIKELY TO BE DISPLAYED, PRESENTED, SHOWN  OR  EXAMINED  UNDER  CUSTOMARY
 CONDITIONS OF DISPLAY FOR RETAIL SALE.
   (L)  "SEALED  BEVERAGE CONTAINER" MEANS A BEVERAGE CONTAINER HOLDING A
 BEVERAGE THAT IS CLOSED OR SEALED BEFORE BEING OFFERED  FOR  SALE  TO  A
 CONSUMER.
   (M)  (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";
   (D) ANY BEVERAGE WHOSE PRINCIPAL INGREDIENT BY WEIGHT IS MILK; OR
   (E) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE  ALCO-
 HOLIC BEVERAGE CONTROL LAW.
   (N)  "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.
   (O)  "UNSEALED  BEVERAGE  CONTAINER"  MEANS  A BEVERAGE CONTAINER INTO
 WHICH A BEVERAGE IS DISPENSED OR POURED AT THE PREMISES WHERE THE BEVER-

 A. 2473                             3
 
 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)  THE  SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL BE DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER AND READILY LEGIBLE
 UNDER ORDINARY CONDITIONS ON THE PRINCIPAL DISPLAY PANEL OF  THE  SEALED
 BEVERAGE  CONTAINER,  SEPARATE AND APART FROM ALL OTHER INFORMATION, AND
 SHALL BE ON A CONTRASTING BACKGROUND.  THE ENTIRE SAFETY  WARNING  SHALL
 APPEAR IN BOLD TYPE.
   (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 IN A CLEAR
 AND CONSPICUOUS MANNER ON THE PRINCIPAL DISPLAY PANEL AND  ON  AT  LEAST
 ONE  OTHER  SIDE  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 IN A CLEAR AND CONSPICUOUS
 MANNER ON THE PRINCIPAL DISPLAY PANEL OF THE PACKAGING  OF  THE  CONCEN-
 TRATE.
   (F)  THIS  SUBDIVISION  SHALL  NOT  BE CONSTRUED TO REQUIRE THE SAFETY
 WARNING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION TO BE PLACED IMME-
 DIATELY PRECEDING ANY COMMON NAME OR PRIMARY PRODUCT DESCRIPTOR.
   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,  WHICH  MAY  INCLUDE THE MENU OR MENU
 BOARD, 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 ESTABLISHMENT RATHER THAN THE  CONSUMER;
 PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY UNLESS THE PREMISES
 WHERE  A  BEVERAGE  DISPENSING  MACHINE  IS LOCATED, OR WHERE THE SUGAR-
 SWEETENED BEVERAGE IS SOLD IN AN UNSEALED BEVERAGE CONTAINER IS PART  OF
 A  NETWORK  OF  SUBSIDIARIES,  AFFILIATES  OR OTHER MEMBER STORES, UNDER
 DIRECT OR INDIRECT COMMON CONTROL, WITH THREE OR MORE STORES LOCATED  IN
 NEW YORK.

 A. 2473                             4
 
   (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 DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER AND READILY LEGIBLE
 UNDER  ORDINARY  CONDITIONS,  SEPARATE AND APART FROM ALL OTHER INFORMA-
 TION, AND SHALL BE ON A CONTRASTING BACKGROUND.  THE ENTIRE SAFETY WARN-
 ING SHALL APPEAR IN BOLD TYPE.
   4. (A) WHENEVER IT SHALL APPEAR THAT THERE HAS  BEEN  A  VIOLATION  OF
 THIS  SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE
 NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
 JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
 NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
 RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT  SHALL  APPEAR  TO
 THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
 FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
 OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
 THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
 ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
 SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
 AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
 VIOLATION  OF  THIS  ARTICLE  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
 PENALTY OF NOT LESS THAN  FIFTY  DOLLARS  NOR  MORE  THAN  FIVE  HUNDRED
 DOLLARS  FOR  EACH  SUCH VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED
 APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A
 DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
 WITH THE CIVIL PRACTICE LAW AND RULES.
   (B) THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
 DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE  TOWN  ATTOR-
 NEY,  CITY  CORPORATION  COUNSEL,  OR OTHER LAWFUL DESIGNEE OF A MUNICI-
 PALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER THIS  SECTION
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   5. A RETAILER SHALL NOT BE SUBJECT TO THE PENALTIES UNDER THIS SECTION
 UNLESS:  (A)  THE  RETAILER  IS  THE MANUFACTURER OF THE SUGAR-SWEETENED
 BEVERAGE, THE PACKAGER OF A MULTIPACK OF  SUGAR-SWEETENED  BEVERAGES  IN
 SEALED  BEVERAGE  CONTAINERS,  OR  THE MANUFACTURER OF A CONCENTRATE AND
 SELLS THE SUGAR-SWEETENED BEVERAGE, MULTIPACK OF SUGAR-SWEETENED  BEVER-
 AGES,  OR CONCENTRATE UNDER A BRAND IT OWNS; OR (B) THE RETAILER'S FAIL-
 URE TO LABEL WAS KNOWING AND WILLFUL.
   § 3.  Severability clause. If any provision of this act or its  appli-
 cation to any person, legal entity, or circumstance is held invalid, the
 remainder  of  the  act  or  the  application  of the provision to other
 persons, legal entities or circumstances shall not be affected.
   § 4. This act shall take effect one year after it shall have become  a
 law.