What's happening
This bill regulates the advertising and labeling of foods as "local" in New York, requiring clarity about origin and production.
Why it matters
Protects consumer trust. by ensuring that foods labeled as "local" or similar terms truly originate from New York or have their essential ingredients sourced from within the state, reducing misleading marketing practices.
Requires transparency for out-of-state products. by mandating clear and equally prominent labeling of the actual state, region, or distance from New York for products advertised as "local" but sourced elsewhere, helping consumers make informed choices.
Levels the playing field for New York producers. by preventing non-local producers from unfairly benefiting from the marketing appeal of "local" labels, potentially supporting local agriculture and food businesses.
Grants regulatory authority. to the state agriculture commissioner to issue detailed rules and guidance, which may provide flexibility and clarity for businesses adapting to these new labeling standards.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Food retailers
The bill would restrict knowing sales of food advertised or labeled as local unless it meets New York sourcing criteria or carries qualifying origin disclosures, with 90 days after the effective date to sell existing inventory.
New York farmers and food producers
Their products could qualify for local labeling based on where they or their essential components are grown, raised, harvested or produced, or on existing legal New York designations.
Out-of-state food producers
Their products could still be marketed as local if adjacent language in the same font size identifies the relevant state, region or distance from New York’s border.
Department of Agriculture and Markets
The commissioner would be authorized to develop rules and regulations guiding businesses that sell retail food products under the new requirements.
Headline styles
Label Local Food Honestly
Plain English, a few words. Used as the page title.
Sponsors
History
- Vetoed memo.214
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.324
- Substituted for A1460
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.429
Show 2 earlier actions
- 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.
Truth in Local Food Labels
Assembly Floor Calendar · Sponsor Carrie Woerner
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3829
2019-2020 Regular Sessions
IN SENATE
February 15, 2019
Introduced by Sen. METZGER -- 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 advertising and labeling of locally produced food
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The agriculture and markets law is amended by adding a new section 211 to read as follows:
§ 211. Advertising and labeling of locally produced foods. 1. For purposes of this section "retail food product" shall mean articles of food, drink, confectionary or condiment, whether simple, mixed or compound, including all substances or ingredients added to food for any purpose, intended for human consumption.
2. No person, corporation, partnership or limited liability company shall knowingly sell or offer for sale at retail any retail food product advertised or labeled as "local", "locally grown", "locally produced", "locally sourced" or any substantially similar term, unless such food product: (i) is grown, raised, or harvested in New York state; or (ii) its components that are essential to such product's identity are grown, raised, harvested or produced in New York state; or (iii) is defined in law as New York state labelled, manufactured, or produced.
3. A retail food product may also be advertised or labeled as local if it was grown, raised, harvested or produced outside of New York state, or contains essential components not sourced in New York, if it has additional descriptive language identifying the state or region or distance from the border of New York state where such product or its components that are essential to such product's identity are grown, raised, harvested or produced displayed adjacent to and in the same size font as the term or terms indicating it is local in such advertising or labeling.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01242-01-9
S. 3829 2
4. The commissioner is hereby authorized to develop rules and regulations to provide guidance to businesses selling retail food products pursuant to this section.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided that any rule or regulation necessary for the timely implementation of this act on its effective date may be promulgated on or before such date, provided further however that retailers shall have ninety days from the effective date of this act to sell through product subject to the provisions of this act which is held in inventory on the effective date of this act.
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 advertising and labeling of locally produced food
Purpose
This legislation requires "retail food products" labeled as "local" meet certain standards.
Summary of provisions
Section 1- Amends the Agriculture and Markets Law by adding a section 211 to include a section entitled "Advertising and labeling of locally produced food". Retail products labeled as 'local', "locally grown", "locally produced", "locally sourced" or a substantially similar terms must meet the following conditions: (i) the product is grown, raised, or harvested in New York (ii) the components that are essential to the products identity are grown, raised, or harvested, or produced in New York or (iii) is defined in law as New York State labelled, manufac- tured, or produced. A product grown, raised, or harvested outside of New York may be labeled as "local" if it has additional descriptive language the state or region or distance from New York where the product origi- nated from. The commissioner if authorized to develop rules and regu- lation to provide guidance to businesses selling retail food products.
Section 2 - Effective Date - This act shall take effect on the 180th day.
Existing law
Article 17 of the Agriculture and Markets law contain additional requirements related to the labeling and branding of food items.
Justification
Currently, there is no statewide definition of "local" or "locally grown". Consumers are increasingly interested in purchasing locally grown items. According to Packaged Facts, a market research firm, local foods generated $11.7 billion in sales in 2014, and will climb to $20.2 billion by 2019. This legislation directs the Department of Agriculture and Markets to establish guidance for the labeling of foods as "local". Consumers will have confidence that the products they produced are indeed truly local and from New York. Other states have enacted similar laws regarding the labeling of food as "local" including Massachusetts, New Hampshire, Vermont, and Maryland.
Legislative history
2017- 2018 A10383-B - referred to rules
Fiscal implications
To be determined
Effective date
120th Day
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.