Relates to changes in grocery item packaging

1 Co-sponsor

• David Koon

3 Multi-sponsors

• Marcos Crespo
• Joseph Errigo
• Thomas McKevitt

BILL NUMBER:A9998A

Title of bill

An act to amend the general business law, in relation to changes to grocery item packaging

Purpose or general idea of bill

To allow consumers to make informed purchases of common grocery items when packaging sizes are changed

Summary of specific provisions

Section one creates a new Section 399-zz of the General Business law governing how sellers of grocery items are to label and display common grocery items when the normal size of the packaging has changed, and includes penalties for failure to comply with these requirements. The amendment exempts retail locations less than 7,500 sq. ft. from this provision. Section two contains the expiration date.

Justification

Over the past few years grocery consumers have witnessed subtle changes in the packaging sizes of common grocery items. For instance, a "one pound" can of coffee became a 13 oz can of coffee, which over time became an 11.5 oz can of coffee. "Half gallons" of ice cream frequently no longer contain a half gallon of ice cream. Cans of items such as tuna fish have grown progressively smaller than was once customary, as have boxes of breakfast cereal, and this list could go on nearly ad infinitum.

None of this violates state laws governing weights and measure, so long as the new size package is accurately labeled. The reduced sizes may in some cases even be more convenient to customers, or allow them to buy a wider variety of grocery items given the increased costs than generally drive such packaging changes. In short, the state has no interest in mandating package sizes.

Even so there is also the possibility that some package size reductions are subtle and unannounced in the hopes of fooling the public. There is hardly a rational reason for a can of coffee to contain 13 or 11.5 ounc- es of product after all, certainly as compared with a whole unit of measurement such as a "pound." This bill is intended to protect consum- ers from being deceived when such commonly purchased grocery items have gone through a round of package downsizing. All that this bill would require the retailer to do is to be honest and forthright in their deal- ings with the consumer when it comes to package sizes, and it gives the retailer a number of different methods to do so. If on the other hand the retailer attempts to deceive or confuse the public appropriate and significant penalties would apply.

Prior legislative history

New Bill

Fiscal implications for state and local governments

None

Effective date

Immediately upon enactment