NY State Senate Bill 2021-S8875

Archive: Last Bill Status - In Senate Committee Agriculture 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 26, 2022	referred to agriculture

2021-S8875 (ACTIVE) - Details

See Assembly Version of this Bill:: A2072
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §214-p, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A6573
2023-2024: A6596
2025-2026: A4164

2021-S8875 (ACTIVE) - Summary

Requires perishable and packaged food to be clearly marked with safety and quality dates.

2021-S8875 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8875

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to safety
and quality labels on certain foods and beverages

 
PURPOSE:

This legislation would mandate their packages: 1) to indicate consume
and 2) to indicate the consumption. This is to reducing such foods that
all packaged foods have two dates on the last day that the food is safe
to last day that the food is recommended for food waste and protect the
people consuming such foods.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the agriculture and markets law by adding a new
section that mandates safety and quality labeling. The section provides
definitions for perishable foods, pre-packaged baked goods that contain
moisture, certain pre-packaged dairy and dairy, pre-packaged foods that

require refrigeration. The section provides a definition of packaged
food, which is food subject to nutritional labeling requirements of the
federal Nutritional Labeling and Education Acts of 1990. It establishes
a "safety date" which is the last day when the food is safe for consump-
tion. It also establishes a "quality date" which is the last date when
the food is recommended for consumption. The bill prohibits the sale of
food without both of these dates. Lastly, the NYS Commissioner of Health
can come up with rules and regulations to supplement the safety and
quality dates

Section 2 is the effective date.

 
JUSTIFICATION:

Currently, food labeling causes a great amount of confusion to people
throughout the United States. Many confuse the "sell by date" on their
packages of perishable and prepackaged foods as dates through which they
are supposed to throw away their food. This confusion, although common,
has a great impact. According to a recent survey by the Harvard Food Law
and Policy Clinic, nearly 85% of respondents claim that they threw food
away based on the date listed on the package. This is a clear indication
that people do not know or understand the labels on food packaging. This
confusion has even greater consequences.

One unintended consequence of misreading labels is the disposal of food
that is still of good quality. This is food waste. According to the New
York League of Conservation Voters, New Yorkers waste 3.9 million tons
of food a year. A great contribution to this waste is through food that
is disposed of before it is truly spoiled and inconsumable. According to
a 2017 survey conducted by Consumer Reports, 43% of food waste in the
United States is contributed by homes, which makes it the largest venue
where food is waisted other than consumer-facing businesses, farms, and
food processing plants.

This legislation seeks to address food waste by mandating clear labels
that express when food is at its best quality and when it is the safest
to eat. This legislation will standardize food labeling and ease
confusion in homes throughout the state. This measure is similar to one
enacted by the State of California in 2017.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020 - Died in the Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act will take effect one hundred and eighty days after enactment.

2021-S8875 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8875
 
                             I N  S E N A T E
 
                              April 26, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  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;
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00059-01-1
 S. 8875                             2
 
   (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.

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Senate Bill S8875

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2021-S8875 (ACTIVE) - Details

2021-S8875 (ACTIVE) - Summary

2021-S8875 (ACTIVE) - Sponsor Memo

2021-S8875 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8875

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Sponsored By

Michelle Hinchey

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2021-S8875 (ACTIVE) - Details

2021-S8875 (ACTIVE) - Summary

2021-S8875 (ACTIVE) - Sponsor Memo

2021-S8875 (ACTIVE) - Bill Text download pdf

Comments