S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2072
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. REYES, BRAUNSTEIN, ZEBROWSKI, D. ROSENTHAL, BENE-
   DETTO,  EPSTEIN,  COOK,  GUNTHER,  SIMON,  MORINELLO,  DiPIETRO, CRUZ,
   WILLIAMS, FAHY, STECK, GLICK, NIOU, TAYLOR, DARLING -- Multi-Sponsored
   by -- M. of A. GALEF -- read once and referred  to  the  Committee  on
   Agriculture

 AN  ACT  to amend the agriculture and markets law, in relation to safety
   and quality labels on certain foods and beverages
 
   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 214-p to read as follows:
   § 214-P. SAFETY AND QUALITY LABELING. 1. DEFINITIONS. FOR THE PURPOSES
 OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PERISHABLE FOOD" SHALL MEAN AND INCLUDE (I) EGGS, GRADE AA, GRADE
 A, AND GRADE B SHELL EGGS;
   (II) ALL PRE-PACKAGED, FULLY OR PARTIALLY PREPARED BAKED  GOODS  WHICH
 HAVE  A  MOISTURE  CONTENT  EXCEEDING  EIGHTEEN PERCENT, WITH OR WITHOUT
 ADDITIVES, KNOWN AS:
   (1) BREADS, ROLLS AND BUNS AS DEFINED PURSUANT TO TITLE 21, CHAPTER 1,
 PART 136.110 OF THE CODE OF FEDERAL REGULATIONS, EXCEPT THOSE  KNOWN  AS
 FRUITCAKES;
   (2)  CAKES,  PASTRIES,  AND COOKIES, EXCEPT THOSE THAT ARE OFFERED FOR
 SALE IN INDIVIDUAL, PORTION PACK, SNACK-TYPE PACKAGES;
   (3) ENGLISH MUFFINS, CORN MUFFINS, BRAN  MUFFINS,  AND  OTHER  SIMILAR
 PRODUCTS;
   (III) THE FOLLOWING PREPACKAGED DAIRY AND DAIRY-TYPE PRODUCTS:
   (1)  THOSE  PRODUCTS WITH OR WITHOUT ADDITIVES OR FLAVORINGS, KNOWN AS
 CHEESE, AS DEFINED PURSUANT TO TITLE 21, CHAPTER 1, PART 133 OF THE CODE
 OF FEDERAL REGULATIONS, THAT CONTAIN FIFTY PERCENT OR MORE  MOISTURE  IN
 THE FINISHED PRODUCT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00059-01-1
              

 A. 2072                             2
 
   (2) LOW-FAT, MULTI-VITAMIN, MULTI-MINERAL TYPE MILK PRODUCTS WHICH ARE
 NORMALLY  STORED  AT  TEMPERATURES BETWEEN THIRTY-TWO DEGREES FAHRENHEIT
 AND FORTY DEGREES FAHRENHEIT;
   (3) FLAVORED MILK;
   (4)  CULTURED  MILK,  CULTURED  MILK PRODUCTS, CULTURED SKIM-MILK, AND
 CULTURED SKIM-MILK PRODUCTS, WITH OR WITHOUT FRUITS, VEGETABLES,  MEATS,
 CHEESES, OR OTHER ADDITIVES;
   (5) MILK SHAKE;
   (6) EGGNOG;
   (7) YOGURT, MADE FROM SKIM-MILK OR WHOLE MILK, WITH OR WITHOUT FRUITS,
 VEGETABLES, MEATS, OR OTHER ADDITIVES;
   (8) WHIPPED CREAM AND INSTANT WHIPPED CREAM;
   (9)  SOUR  CREAM,  CULTURED  CREAM, SALAD CREAM, AND NON-CULTURED SOUR
 CREAM, WITH OR WITHOUT CULTURED HALF AND HALF;
   (10) SOUR HALF AND HALF, CULTURED HALF  AND  HALF,  NON-CULTURED  SOUR
 HALF AND HALF, AND NON-CULTURED HALF AND HALF;
   (11) DAIRY DRESSING AND DAIRY DIP;
   (12)  NON-DAIRY  COFFEE  CREAMERS WHICH ARE NORMALLY STORED AT TEMPER-
 ATURES BETWEEN THIRTY-TWO DEGREES FAHRENHEIT AND FORTY  DEGREES  FAHREN-
 HEIT; AND
   (IV) ALL PRE-PACKAGED, PREPARED FOODS WHICH REQUIRE REFRIGERATION.
   (B)  "PACKAGED  FOOD" SHALL MEAN FOODS AND BEVERAGES OTHERWISE SUBJECT
 TO THE NUTRITION LABELING REQUIREMENTS OF THE FEDERAL NUTRITION LABELING
 AND EDUCATION ACT OF 1990.
   (C) "SAFETY DATE" SHALL MEAN THE LAST DAY OR DATE FOR SAFE CONSUMPTION
 OR USE OF A PERISHABLE FOOD OR PACKAGED FOOD.
   (D) "QUALITY DATE" SHALL MEAN THE LAST DAY OR DATE FOR THE RECOMMENDED
 CONSUMPTION OR USE OF A PERISHABLE FOOD OR PACKAGED FOOD.
   2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR ANY OTHER
 BUSINESS ASSOCIATION SHALL SELL AT RETAIL OR DISPLAY FOR SALE AT  RETAIL
 ANY  PERISHABLE  FOOD  OR PACKAGED FOOD FOR HUMAN CONSUMPTION UNLESS THE
 CONTAINER OF SUCH PERISHABLE OR PACKAGED FOOD IS CLEARLY MARKED  WITH  A
 SAFETY DATE AND A QUALITY DATE.
   3.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL PROMULGATE RULES AND REGULATIONS REGARDING THE CONTENT AND  PLACE-
 MENT  OF  SAFETY DATES AND QUALITY DATES ON PERISHABLE FOOD AND PACKAGED
 FOOD.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date is authorized to be made on or
 before such date.