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S2067Senate2009-2010 SessionSame asA1736

Requires clear and legible dating along with recommended conditions of storage to ensure freshness of certain perishable foods and provides penalties for violations

Status
In Senate Committee
Consumer Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Protection

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History

  1. Referred to consumer protection
  2. Referred to consumer protection

Companion bill

Full text

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Sponsor's memo

Title of bill

An act to amend the agriculture and markets law, in relation to certain perishable foods

Purpose or general idea of bill

To require clear and legible dating along with recommended conditions of storage to ensure freshness of perishable foods which cannot be sold after their freshness date has expired and provides penalties for violations.

Summary of specific provisions

Section 1: Amends Section 16 of the agriculture and markets law by adding a new subdivision 44:

A) To receive and evaluate complaints and initiate investigations relating to perishable foods and take appropriate action to stop-sale and stop-removal of such foods where necessary and proper.

B) The Commissioner shall have the power to determine reasonableness of any statements or representation as to the state and conditions of storage.

Section 2: Amends the agriculture and markets law by adding a new article 12-B Sections 156 j-p as follows:

156-j: Legislative Findings and Purposes. 156-k. Definition of Perishable Foods 156-l. Labeling Regulations 156-m: Exceptions 156-n: Exceptional Circumstances 156-o: Enforcement 156-p: Rules and Regulations

Justification

At present, only New York City has rules and regulations providing for the dating and storage of perishable foods and the removal thereof after their freshness date expires. There are no such regulations governing the sale of perishable foods in the State of New York. As a result, consumers cannot be certain that food offered for sale is fresh or that it will remain fresh for a reasonable period of time after it is purchased. This consumer concern includes the safety of such foods as, but not limited to, meat, poultry, fish, dairy products, eggs, fruit, vegetables and baked goods. Voluntary policies of dating the freshness of perishable foods does not appear to work. This is shown by the fact that in many stores, in all parts of New York State, food often continues to be sold after their freshness dates have expired demonstrating the need for greater scrutiny in order to insure the safety of the foods eaten by the people of New York.

Prior legislative history

2005-06: A.1412 - Referred to Consumer Affairs and Protection/S.859 Referred to Consumer Protection 2004-04: A.3185 - Referred to Consumer Affairs and Protection 2001-02: A.1853 - Referred to Codes

Fiscal implications

None.

Effective date

180 days after it shall become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.