Relates to labeling requirements for fish wholesalers

Section 2: Adds a new Ag. & Markets Law section 214-o, which would require that any wholesaler of fish may only sell fish for human consumption if it is sealed in clearly labeled containers. The labels must include the following: 1) the identity and weight and standard measure or numerical count of the commodity, 2) the name and address of the shipper, packer, or distributor, 3) the state of commodity origin.

In addition, this bill adds a provision so that these new state provisions are to be deemed to comply with federal law and regulations so that no new duplicative standards need to be implements. In essence, this bill allows New York State to enforce the federal and state labeling requirements so that it is clear the kinds of fish that is being sold and what is the weight of such fish.

Section 3: Effective 180 days after it shall have become law

Justification

Under the existing federal law, wholesalers of fish are required to attach labels that provide correct information of the weight, identity and origin of the fish offered for sale. In addition, federal law requires the label to contain the name and address of the shipper, packer, or distributor of the fish product.

While law exists to prevent mislabeling of fish, media reports and studies indicate that there is widespread non-compliance with existing federal statutes in labeling fish products. Various incidents have been reported at wholesale markets where wholesalers remove the original label affixed on fish containers only to replace them with a new label or handwritten note that provides inaccurate counts and net weighs (short-weight), and misidentifies the name and origin of fish. These instances result in retailers receiving less for their money, costing legitimate business sales, and reducing confidence in the fish product purchased by both retailers and consumers.

This bill proposes to address the problem of weight deception, species substitution and improper labeling by enacting an explicit requirement that fish must be accurately labeled at the wholesale level. In addition, this bill was amended to be deemed to comply with federal law and regulations with regard to the wholesale labeling of fish, so that no additional or duplicative standards for labeling are needed.

The labeling standards that are being established by this bill for fish are the same state standards that are currently used for the wholesale labeling of other agricultural products such as apples, pears, other fruits, vegetables, and other agricultural produce.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This bill takes effect 180 days after it shall have become law; provided however that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.