Relates to the misbranding of certain fish species

Title of bill

An act to amend the agriculture and markets law, in relation to misbranding of certain fish species

Purpose

To protect public health by prohibiting the sale of certain fish species under names other than the accepted scientific or common names.

Summary of provisions

Section 1 of the bill amends the agriculture and markets law by adding a new section 201-i, which defines the fish species escolar, oil fish, and white tuna, and prohibits the willful sale, offer for sale, distribution, import or export of such species under any name, scientific or common, other than those established pursuant to this section.

Section 2 establishes a penalty for violating the new section 201-i of the agriculture and markets law. Section 3 sets forth the effective date.

Justification

Recent, independent investigations conducted by multiple sources have revealed significant levels of fraud and species misidentification in the commercial fish industry in the United States. In New York City alone, one investigation revealed over 40 percent of the samples of fish tested were mislabeled or misidentified. One of the most common species of fish consistently found to be misidentified were those advertised as "white tuna" or "albacore tuna". The species most commonly substituted for white or albacore tuna is escolar, a species of snake mackerel.

Although escolar is a species of fish that is commercially available in its own right, it has a significantly lower market value than tuna.

Additionally, consumption of escolar carries a risk of digestive illness because escolar has purgative effects that are not associated with eating tuna. The Food and Drug Administration (FDA) advises against the sale or marketing of escolar in intrastate/interstate commerce, and further requests that seafood manufacturers or processors should inform potential buyers or sellers of the possible purgative effect associated with the consumption of this species of fish.

In the interest of New York State consumers to prevent fraud and protect public health, this bill would prohibit the willful sale of the fish species "White Tuna" "Albacore Tuna", "Escolar" or "Oilfish" under any names, common or scientific, other than the names established pursuant to this section.

Legislative history

2016: New Senate Bill! A.1231-B - Amend and Recommit to Codes on 5/20/16 2014: A.9620 - Referred to Agriculture

Fiscal implications

None.

Effective date

This act shall take effect 120 days after becoming 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 by the commissioner of agriculture and markets on or before such effective date.