S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8386
 
                             I N  S E N A T E
 
                             January 25, 2024
                                ___________
 
 Introduced  by Sens. KAVANAGH, RIVERA -- 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
   labeling of high-sugar 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 "high-sugar 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 HIGH-SUGAR 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  HIGH-SUGAR
 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, AND SHALL INCLUDE, BUT NOT BE LIMITED TO,
 SUCROSE, FRUCTOSE, GLUCOSE, AND OTHER SUGARS  AND  FRUIT  JUICE  CONCEN-
 TRATES.  "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 HIGH-SUGAR BEVERAGE.
   (E) "CONSUMER" MEANS AN INDIVIDUAL WHO PURCHASES A HIGH-SUGAR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00578-06-4
 S. 8386                             2
 
 CONSUMER  MAKES AN ORDER SELECTION, WHICH CAN BE IN DIFFERENT FORMS SUCH
 AS BOOKLETS, PAMPHLETS, OR SINGLE SHEETS OF PAPER, OR  PUBLISHED  ON  AN
 ONLINE  SITE,  AND  CAN BE LOCATED INSIDE, OUTSIDE, OR ON THE WEBSITE OF
 SUCH PUBLIC FOOD SERVICE ESTABLISHMENT OR ON A RELATED SOFTWARE APPLICA-
 TION DESIGNED FOR FOOD DELIVERY.
   (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 HIGH-SUGAR 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 DISPENSED INTO ITS CONTAINER AND CLOSED OR SEALED OFF
 THE PREMISES WHERE THE BEVERAGE IS PURCHASED.
   (M) (1) "HIGH-SUGAR BEVERAGE" MEANS ANY SWEETENED NONALCOHOLIC  BEVER-
 AGE,  CARBONATED  OR  NONCARBONATED, SOLD FOR HUMAN CONSUMPTION THAT HAS
 ADDED CALORIC SWEETENERS AND WHICH CONTAINS ONE HUNDRED PERCENT OR  MORE
 OF THE FOOD AND DRUG ADMINISTRATION'S DAILY VALUE FOR ADDED SUGARS.
   (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 HIGH-SUGAR 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,  VEGETABLES,
 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-
 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 HIGH-SUGAR
 BEVERAGE IN A SEALED BEVERAGE CONTAINER UNLESS SUCH CONTAINER BEARS  THE
 S. 8386                             3
 
 FOLLOWING  SAFETY WARNING AND OTHERWISE MEETS ALL OF THE REQUIREMENTS OF
 THIS SUBDIVISION:
   "SAFETY  WARNING:    THIS  BEVERAGE CONTAINS 100% OR MORE OF THE FDA'S
 RECOMMENDED DAILY INTAKE OF ADDED SUGAR."
   (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
 HIGH-SUGAR 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 CONSPICU-
 OUS 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 HIGH-SUGAR BEVERAGE IS SOLD IN AN UNSEALED BEVERAGE CONTAIN-
 ER, 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 HIGH-SUGAR
 BEVERAGE FOR SALE;
   (2) ON THE EXTERIOR OF ANY  BEVERAGE  DISPENSING  MACHINE  USED  BY  A
 CONSUMER TO DISPENSE A HIGH-SUGAR BEVERAGE THROUGH SELF-SERVICE; AND
   (3)  AT  THE  POINT-OF-PURCHASE,  WHICH  MAY  INCLUDE THE MENU OR MENU
 BOARD, WHERE ANY CONSUMER PURCHASES A HIGH-SUGAR 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 HIGH-SUGAR BEVERAGE
 IS SOLD IN AN UNSEALED BEVERAGE  CONTAINER  IS  PART  OF  A  NETWORK  OF
 SUBSIDIARIES,  AFFILIATES  OR OTHER MEMBER STORES, UNDER DIRECT OR INDI-
 RECT COMMON CONTROL, WITH THREE OR MORE STORES LOCATED IN NEW YORK.
   (B) THE SAFETY WARNING REQUIRED BY PARAGRAPH (A) OF  THIS  SUBDIVISION
 SHALL CONTAIN THE FOLLOWING LANGUAGE:
   "SAFETY WARNING:  THE FOOD  AND DRUG ADMINISTRATION RECOMMENDS  LIMIT-
 ING ADDED SUGARS TO 50 GRAMS PER  DAY BASED ON A 2,000 CALORIE DIET."
   (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-
 S. 8386                             4
 
 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 HIGH-SUGAR BEVERAGE,
 THE PACKAGER OF A MULTIPACK OF HIGH-SUGAR BEVERAGES IN  SEALED  BEVERAGE
 CONTAINERS,  OR THE MANUFACTURER OF A CONCENTRATE AND SELLS THE HIGH-SU-
 GAR BEVERAGE, MULTIPACK OF HIGH-SUGAR BEVERAGES, OR CONCENTRATE UNDER  A
 BRAND  IT  OWNS;  OR (B) THE RETAILER'S FAILURE 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.