What's happening
This bill requires fish wholesalers in New York to clearly label sealed containers of fish with identity, weight, distributor, and origin information.
Why it matters
Improves traceability and accountability. in the fish supply chain by requiring wholesalers to label sealed fish containers with clear information, making it easier to track the origin and handling of fish products.
Helps consumers and retailers make informed decisions. by providing details about the fish’s weight, shipper/packer/distributor, and state of origin, potentially supporting local fisheries or those with higher food safety standards.
Facilitates enforcement of food safety and fraud prevention. by making it harder to mislabel or misrepresent fish products, thus reducing the risk of economic fraud and health risks from untraceable seafood.
Aligns state regulations with federal standards,. ensuring that New York’s requirements are consistent with broader food labeling laws, which may simplify compliance for businesses and enhance consumer protection.
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Who cares
Headline styles
Require Labels on Wholesale Fish
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A3178
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1044
- Reported and committed to finance
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Label Fish Packaging Clearly
Signed by Governor · Sponsor Ron Kim
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1422
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to labeling requirements for fish wholesalers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 190 of the agriculture and markets law, as added by chapter 874 of the laws of 1977, is amended to read as follows:
2. All food and food products which are sold, offered or exposed for sale by wholesalers, packers, distributors or jobbers shall be sold, or offered or exposed for sale by net weight, standard measure or numerical count and shall be plainly marked, in such form or manner as may be prescribed by the commissioner, by such person offering the food or food products for sale except that, unless required pursuant to the provisions of section two hundred fourteen-o of this chapter, it shall not be necessary to so mark meat, meat products or fish, other than shellfish in natural form, provided the net weight be stated on a written invoice and on the shipping container of the meat, meat product or fish.
§ 2. The agriculture and markets law is amended by adding a new section 214-o to read as follows:
§ 214-o. Labeling requirements for fish wholesalers. 1. Any wholesaler that sells, offers for sale, transports or transacts in the purchase or sale of fish for human consumption and packages such fish in sealed containers, shall cause such containers to be clearly labeled with the following:
(a) the identity and the weight, standard measure or numerical count of the fish;
(b) the name and address of the shipper, packer or distributor thereof; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00953-01-7
S. 1422 2
(c) the state of the origin thereof.
2. The provisions of this section shall be deemed to comply with and shall be implemented in accordance to any federal law, rule or regulation relating to fish.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to labeling requirements for fish wholesalers
Purpose or general idea of bill
This legislation would amend the Agriculture and markets law to require that wholesalers of fish may only sell such fish that is in sealed and clearly labeled containers; and to require that such labels include: 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.
Summary of provisions
Section 1: Amends Agriculture and Markets Law section 190(2) to provide the proper cross reference to the new bill section 2 of this act that creates Agriculture and Markets Law 214-o.
Read the full memo (614 words)
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 weight (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
2016: S.1147-C/A.7461-B (Kim)-Passed Senate 2015: S.1147-B/A.7461 (Kim) 2014: S.7730
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.
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