Provides that no person shall manufacture, pack, sell, offer for sale and/or expose for sale any food commodity in package form unless it is labelled with certain information relating to the approximate amount of sodium or sodium compound, in milligrams, contained in such food commodity; sets forth other specifics that shall be included on such label; exempts fresh fruits, vegetables and unprocessed meat, poultry and fish, milk and eggs, food sold for consumption on premises, and identical items within a multi-item package that is properly labeled with the sodium contents.

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S2608-2011 Actions

• Jan 26, 2011: REFERRED TO CONSUMER PROTECTION

S2608-2011 Memo

BILL NUMBER:S2608

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the
labeling of foods containing
sodium and sodium compounds

PURPOSE/SUMMARY OF PROVISIONS:
Adds section 204-e to
the Agriculture
and Markets Law to require that packaged foods contain the following
information:

* Size of serving

* Total amount of servings in the package

* The milligrams of sodium in each serving

* The words "high in sodium" or "high salted" if a serving is greater
than 400 milligrams

* The words "In some people, a high salt (sodium) diet may contribute
to high blood pressure" along with the words "high in sodium" or
"highly salted" if a serving is greater than 800 milligrams

This legislation would exempt from the aforementioned requirements the
following:

* Fresh fruits, vegetables and fresh unprocessed meat, poultry and fish

* Milk and eggs

* Food sold for consumption on the premises

* Identical items within a multi-item package that is properly labeled
with the sodium contents

This legislation intends to alert consumers to the sodium content of
foods.

JUSTIFICATION:
It is estimated that hypertension
(high blood pressure)
affects over 25% of the United States population and 40% of older
people. Excess dietary sodium is an adverse factor in most people
prone to hypertension because excess sodium upsets the balance of
sodium and potassium in the bloodstream needed for a smooth flow of
bodily fluids.
The whole system of modern food processing contributes to the high
intake of sodium because, in the processing, potassium is lost and
sodium is
added (often unnecessarily). Excess sodium has also been linked
to heart disease, stomach cancer, stroke, and migraines.


It is impossible for people afflicted by high blood pressure or
healthy adults who simply want to curtail their sodium intake as a
preventive measure, to avoid excessive amounts of sodium consumption
(found in all processed foods) without some form of labeling
requirement. Sodium is not found in foods that taste salty. Indeed,
it is the "hidden sodium" in processed foods that is the biggest
culprit.

Consider the following:

* One serving of Campbell's Chicken Noodle Soup - 1,222 milligrams

* One 4 ounce serving of canned sweet peas - 8OO milligrams

* One large dill pickle - 28 milligrams

* One-half slice of Devil's Food Cake - 402 milligrams

According to a recent report by the National Academy of Sciences, the
estimated safe sodium intake for a healthy adult should not exceed
3,000 milligrams per day. Yet, it is also estimated that sodium
consumption per adult varies between 4,000 milligrams and 10,000
milligrams daily. This is some twenty to fifty times more than the
body needs. Most major medical and health care organizations have
repeatedly urged the federal government to take actions to mandate
sodium content labeling. Yet, federal proposals would result, at
best, in a voluntary measure with only a percentage of industry
participating.

The medical costs associated with the treatment of hypertension
related diseases and disorders are estimated at $8 billion per year
nationwide.
The costs associated with this proposal would be far below any health
care costs this State has undertaken. According to reports,
mandatory sodium labeling would generate very little expense to
either government or the food industry. Industry could be allowed to
use the Food and Drug Administration's nutrient data bank for
information on sodium levels.
The New York State Consumer Protection Board, the New York city
Department of Consumer Affairs, the Cooperative Extension of Cornell
University, the American Association of Retired Persons, the American
Heart Association, the American Dietetic Association, and the Center
for Science in the Public Interest support this legislation.

FISCAL IMPLICATIONS:
There would be some costs
incurred in the
promulgation of rules and regulations.

EFFECTIVE DATE:
This act shall take effect two years
after the date on
which it shall have become a law, however, it shall not be deemed to
affect any food commodity already packaged before the effective date
of this act.

S2608-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2608

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 26, 2011
                                 ___________

  Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
    printed to be committed to the Committee on Consumer Protection

  AN ACT to amend the agriculture and markets  law,  in  relation  to  the
    labeling of foods containing sodium and sodium compounds

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The agriculture and markets law is amended by adding a  new
  section 204-e to read as follows:

    S  204-E.  FOODS  CONTAINING SODIUM AND SODIUM COMPOUNDS. 1.  NOTWITH-
  STANDING ANY CONTRARY PROVISION OF LAW,  NO  PERSON  SHALL  MANUFACTURE,
  PACK,  SELL, OFFER FOR SALE AND/OR EXPOSE FOR SALE ANY FOOD COMMODITY IN
  PACKAGE FORM UNLESS IT IS LABELED WITH THE FOLLOWING  INFORMATION  IN  A
  FORM TO BE PRESCRIBED BY THE COMMISSIONER:

    A. THE SIZE OF A SERVING OF THE FOOD COMMODITY,
    B. THE TOTAL AMOUNT OF SUCH SERVINGS IN THE PACKAGE,
    C.  THE  APPROXIMATE  AMOUNT  OF SODIUM, IN MILLIGRAMS, CONTAINED IN A
  SERVING OF THE FOOD COMMODITY WHICH APPROXIMATE AMOUNT SHALL REPRESENT A
  GOOD FAITH EFFORT MADE BY THE MANUFACTURER, PACKER OR  SELLER  TO  LABEL
  SUCH  PACKAGE  WITH A VALUE THAT IS AS NEAR AS PRACTICABLE TO THE AMOUNT
  OF SODIUM IN A SERVING OF THE FOOD COMMODITY, COMPUTED  TO  THE  NEAREST
  MULTIPLE OF FIVE MILLIGRAMS, AS CAN BE OBTAINED BY A REASONABLE ANALYSIS
  OF SUCH FOOD COMMODITY, EXCEPT THAT, IF NOT MORE THAN TEN MILLIGRAMS ARE
  CONTAINED  IN  A  SPECIFIED  SERVING OF THE FOOD, THE LABEL SHALL BEAR A
  STATEMENT TO THAT EFFECT.
    2. A. IF THE APPROXIMATE AMOUNT, IN MILLIGRAMS, CONTAINED IN A SERVING
  IS GREATER THAN FOUR HUNDRED MILLIGRAMS, THEN EITHER THE WORDS "HIGH  IN
  SODIUM"  OR  "HIGHLY  SALTED"  MUST ALSO BE INCLUDED ON THE LABEL OF THE
  PACKAGE.
    B. IF THE APPROXIMATE AMOUNT, IN MILLIGRAMS, CONTAINED IN A SERVING IS
  GREATER THAN EIGHT HUNDRED MILLIGRAMS, THEN EITHER THE  WORDS  "HIGH  IN
  SODIUM"  OR  "HIGHLY  SALTED"  MUST ALSO BE INCLUDED ON THE LABEL OF THE
  PACKAGE ALONG WITH THE SENTENCE: "IN SOME PEOPLE A  HIGH  SALT  (SODIUM)
  DIET MAY CONTRIBUTE TO HIGH BLOOD PRESSURE".
    3. FOR PURPOSES OF THIS SECTION:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07243-01-1

 S. 2608                             2

    A.  THE  TERM  "SODIUM"  SHALL  INCLUDE THE SODIUM CONTAINED IN SODIUM
  COMPOUNDS.
    B.  THE  TERM  "FOOD  COMMODITY IN PACKAGE FORM" SHALL BE CONSTRUED TO
  MEAN A FOOD COMMODITY PACKAGED IN ANY MANNER IN ADVANCE OF SALE IN UNITS
  SUITABLE FOR RETAIL SALE, AND CUSTOMARILY SOLD  IN  A  FOOD  STORE,  BUT
  SHALL NOT INCLUDE THE FOLLOWING:

    (I) FRESH FRUITS, FRESH VEGETABLES AND FRESH UNPROCESSED MEAT, POULTRY
  AND FISH;
    (II) MILK AND EGGS;
    (III) FOOD SOLD FOR CONSUMPTION ON THE PREMISES; AND
    (IV)  IDENTICAL  ITEMS  WITHIN  A  MULTI-ITEM PACKAGE THAT IS PROPERLY
  LABELED WITH THE SODIUM CONTENT.
    C. THE TERM "SERVING" SHALL BE CONSTRUED TO MEAN THAT REASONABLE QUAN-
  TITY OF FOOD SUITED FOR, OR PRACTICABLE FOR, CONSUMPTION AS  PART  OF  A
  MEAL  BY  AN  ADULT  MALE  ENGAGED  IN LIGHT PHYSICAL ACTIVITY, OR BY AN
  INFANT OR CHILD UNDER FOUR YEARS OF AGE WHEN THE ARTICLE PURPORTS TO, OR
  IS REPRESENTED TO BE, FOR CONSUMPTION BY AN INFANT OR CHILD  UNDER  FOUR
  YEARS OF AGE.
    D.  THE TERM "APPROXIMATE AMOUNT OF SODIUM" SHALL BE CONSTRUED TO MEAN
  A "REPRESENTATIVE VALUE" IN MILLIGRAMS OF THE AMOUNT OF SODIUM CONTAINED
  IN A SERVING OF THE FOOD COMMODITY AND SHALL NOT BE CONSTRUED SO RIGIDLY
  AS TO NOT ALLOW  DEVIATIONS FROM THE VALUE LABELED  BECAUSE  OF  DIFFER-
  ENCES  IN  THE  AREAS  WHERE  THE  FOOD COMMODITY IS GROWN OR BECAUSE OF
  SEASONAL CROP DIFFERENCES.
    4. A. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY THE  MUNICI-
  PAL  DIRECTORS  OF  WEIGHTS  AND  MEASURES APPOINTED PURSUANT TO ARTICLE
  SIXTEEN OF THIS CHAPTER.  THE EXCLUSIVE REMEDY FOR A VIOLATION  OF  THIS
  SECTION  SHALL  BE THE ISSUANCE OF A REMOVAL ORDER, AS PROVIDED IN PARA-
  GRAPH B OF THIS SUBDIVISION, AND THE CIVIL PENALTY FOR FAILURE TO COMPLY
  THEREWITH, AS PROVIDED IN PARAGRAPH D OF THIS SUBDIVISION.
    B. WHENEVER ANY MUNICIPAL WEIGHTS  AND  MEASURES  OFFICIAL  FINDS  ANY
  PACKAGED FOOD OR FOOD PRODUCT BEING SOLD, OFFERED OR EXPOSED FOR SALE IN
  VIOLATION  OF  ANY SUBDIVISION OF THIS SECTION, HE SHALL ISSUE A REMOVAL
  ORDER. SUCH ORDER SHALL BE IN WRITING, SHALL IDENTIFY THE FOOD  OR  FOOD
  PRODUCT  WHICH IS IN VIOLATION OF THIS SECTION AND DIRECT THAT SUCH FOOD
  OR FOOD PRODUCT BE IMMEDIATELY REMOVED FROM SALE.
    C. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL, OFFER  OR  EXPOSE  FOR
  SALE  ANY FOOD OR FOOD PRODUCT FOR WHICH A REMOVAL ORDER HAS BEEN ISSUED
  AND IS IN EFFECT PURSUANT TO THIS SECTION.
    D. FAILURE TO COMPLY WITH A REMOVAL ORDER SHALL CONSTITUTE A  SEPARATE
  VIOLATION  WITH  RESPECT TO EACH PACKAGE OR CONTAINER WHICH IS NOT IMME-
  DIATELY REMOVED FROM SALE. EACH DAY  OR  PART  THEREOF  A  VIOLATION  IS
  CONTINUED  SHALL CONSTITUTE A SEPARATE VIOLATION. THE MUNICIPAL DIRECTOR
  OF WEIGHTS AND MEASURES MAY REFER THE EVIDENCE OF A  VIOLATION  OF  THIS
  SECTION  TO  THE ATTORNEY FOR THE MUNICIPALITY FOR THE COMMENCEMENT OF A
  CIVIL ACTION, IN THE NAME OF THE MUNICIPALITY, TO RECOVER A CIVIL PENAL-
  TY IN THE AMOUNTS PRESCRIBED IN SECTION THIRTY-NINE OF THIS  CHAPTER.  A
  CAUSE OF ACTION FOR RECOVERY OF SUCH PENALTY MAY BE RELEASED, SETTLED OR
  COMPROMISED  BY  THE MUNICIPAL DIRECTOR BEFORE THE MATTER IS REFERRED TO
  THE MUNICIPAL ATTORNEY OR THEREAFTER BY SUCH ATTORNEY.   NOTWITHSTANDING
  THE  PROVISIONS  OF  SECTION  FORTY-FIVE  OF  THIS  CHAPTER,  ALL MONEYS
  COLLECTED HEREUNDER SHALL BE RETAINED BY THE MUNICIPALITY.
    S 2. This act shall take effect 2 years after the  date  on  which  it
  shall  have  become a law; however, it shall not be deemed to affect any
  food commodity already packaged before the effective date of this act.