Requires warning labels on certain foods which present a choking hazard to children under four years of age

BILL NUMBER:S2132

Title of bill

An act to amend the agriculture and markets law, in relation to requiring warning labels on certain foods which present a choking hazard to children under four years of age

Purpose

This bill requires warning labels on certain foods which present a choking hazard to children under four years of age.

Summary of provisions

Section 1 amends the agriculture and markets law by adding a new section 214-o. Any business which sells or displays for retail sale popcorn, chewing gum, hard candies, raisins, peanut butter, nuts or seeds shall bear warning labels on packaging. This label shall be in letters not smaller than eight point type and in a color in contrast with the packaging. The statement shall read: "WARNING: This product is a choking hazard to children under four years of age."

Any person or corporation in violation shall be liable of a civil penalty of not more than one hundred dollars for each day of violation.

The commissioner shall have the power to prescribe the labeling regulations.

Section 2 implements this measure on the one hundred twentieth day after it shall become law.

Justification

This measure is intended to increase public awareness of the hazards that some foods may present to children under four years of age. Common choking foods enumerated in this legislation are identified by the American Academy of Pediatrics as being dangerous to children under age four. According to Academy estimates in 2001, 17,500 children were treated in emergency rooms for choking.

In August of 2004, a 3-year old Queens boy choked to death on popcorn at a local movie theater. This bill seeks to prevent further tragedy.

Legislative history

New bill.

Effective date

This act shall take effect on the one hundred twentieth day after it shall become law.