Bill S3321-2011

Defines honey and provides standards for honey sold in this state; repealer

Defines honey and provides standards for honey sold in this state.

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  • Jan 4, 2012: REFERRED TO AGRICULTURE
  • Feb 16, 2011: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S3321

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the definition of honey and standards for honey sold in this state; and to repeal section 205 of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: This legislation would define honey and provide standards of identity for honey sold in this state.

SUMMARY OF PROVISIONS: This bill would repeal and add section 205 of the agriculture and markets law to define honey and standard for honey sold in this state.

JUSTIFICATION: New York's honey industry is one of the nation's largest, ranking 12th in total production in 2009 and serving as the Northeast's largest beekeeping state. New York has always been a strong advocate in protecting the purity of honey and supporting the beekeepers across this State. Laws protecting honey bees first appeared in New York Statutes in 1883, and laws against adulteration and misbranding of honey go back as far as 1902.

New York honey producers are facing destruction without definitive standards of identity for honey to preserve the wholesomeness of honey in the eyes of the consumer and to provide possible civil recourse when the honey is found to be adulterated. Adulteration hurts the reputation of honey as a high quality wholesome and natural food, imperils the viability of beekeepers and packers through unfair competition, and threatens the health and confidence of consumers.

There is no doubt that this legislation would help to protect our beekeepers and honey producers from unfair mixing, blending and sale of cheap inferior products. Providing a standard of identity for honey will allow beekeepers to create self-enforcement within their industry and protection for the consumer, nature's perfect food.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act takes effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3321 2011-2012 Regular Sessions IN SENATE February 16, 2011 ___________
Introduced by Sens. GRIFFO, LARKIN, RANZENHOFER -- 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 the definition of honey and standards for honey sold in this state; and to repeal section 205 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 205 of the agriculture and markets law is REPEALED and a new section 205 is added to read as follows: S 205. HONEY. 1. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "HONEY" SHALL MEAN THE NATURAL SWEET SUBSTANCE PRODUCED BY HONEY- BEES FROM THE NECTAR OF PLANTS OR EXCRETIONS OF PLANT SUCKING INSECTS ON THE LIVING PARTS OF PLANTS, WHICH BEES COLLECT, TRANSFORM BY COMBINING SUCH SUBSTANCE WITH SPECIFIC SUBSTANCES OF THEIR OWN, DEPOSIT, DEHY- DRATE, STORE, AND LEAVE IN THE HONEYCOMB TO RIPEN AND MATURE. B. "BLOSSOM HONEY" OR "NECTAR HONEY" SHALL MEAN THE HONEY THAT COMES FROM THE NECTAR OR NECTARS OF A PLANT OR PLANTS. C. "HONEYDEW HONEY" MEANS THE HONEY THAT COMES PRIMARILY FROM THE EXCRETIONS OF PLANT SUCKING INSECTS (HEMIPTERA) ON LIVING PARTS OF PLANTS. 2. HONEY SHALL CONSIST OF DIFFERENT SUGARS, PREDOMINANTLY FRUCTOSE AND GLUCOSE, AS WELL AS OTHER SUBSTANCES, INCLUDING, BUT NOT LIMITED TO ORGANIC ACIDS, ENZYMES, AND SOLID PARTICLES DERIVED FROM HONEY COLLECTION. THE COLOR OF HONEY MAY VARY FROM NEARLY COLORLESS TO DARK BROWN. THE CONSISTENCY OF HONEY MAY BE FLUID, VISCOUS, OR PARTIALLY TO COMPLETELY CRYSTALLIZED. THE FLAVOR AND AROMA OF HONEY MAY VARY BUT SHALL BE DERIVED FROM PLANT ORIGIN. 3. HONEY SOLD IN THIS STATE SHALL MEET THE STANDARDS SET FORTH IN THIS SECTION AND SHALL NOT HAVE ADDED TO IT ANY FOOD INGREDIENT, INCLUDING
FOOD ADDITIVES, NOR SHALL ANY OTHER ADDITIONS OR ADDITIVES BE MADE TO SUCH HONEY. HONEY SHALL NOT HAVE ANY FOREIGN MATTER, OR ANY FLAVOR, AROMA, OR TAINT ABSORBED FROM FOREIGN MATTER DURING ITS PROCESSING AND STORAGE. HONEY SHALL NOT HAVE BEGUN TO FERMENT OR EFFERVESCE AND NO POLLEN OR CONSTITUENT PARTICULAR TO HONEY MAY BE REMOVED EXCEPT WHERE UNAVOIDABLE IN THE REMOVAL OF FOREIGN ORGANIC OR INORGANIC MATTER. HONEY MAY CONTAIN THE HIVE PRODUCTS BEESWAX AND PROPOLIS. 4. HONEY SOLD IN THIS STATE SHALL MEET THE FOLLOWING STANDARDS: A. HONEY SHALL NOT BE HEATED OR PROCESSED TO SUCH AN EXTENT THAT ITS ESSENTIAL COMPOSITION IS CHANGED OR ITS QUALITY IMPAIRED. B. CHEMICAL OR BIOCHEMICAL TREATMENTS SHALL NOT BE USED TO INFLUENCE HONEY CRYSTALLIZATION. C. HONEY SHALL NOT CONTAIN MORE THAN 18.6 PERCENT MOISTURE CONTENT. D. HONEY SHALL NOT CONTAIN LESS THAN SIXTY PERCENT FRUCTOSE AND GLUCOSE, COMBINED. E. HONEYDEW HONEY AND BLENDS OF HONEYDEW HONEY WITH BLOSSOM HONEY SHALL NOT CONTAIN LESS THAN FORTY-FIVE PERCENT FRUCTOSE AND GLUCOSE, COMBINED. F. BLOSSOM HONEY SHALL NOT CONTAIN MORE THAN FIVE PERCENT SUCROSE, EXCEPT FOR THE FOLLOWING: (I) ALFALFA (MEDICAGO SATIVA), CITRUS SUBSPECIES, FALSE ACACIA (ROHI- NIA PSEUDO ACACIA), FRENCH HONEYSUCKLE (HEDYSARUM), MENZIES BANKSIAS (BANKSIA MENISCII), RED GUM (EUCALYPSIS CAMALDULENSIS), LEATHERWOOD (EUCRYPHIA LUCIDA), AND EUCRYPHIA MILLIGANI MAY CONTAIN UP TO TEN PERCENT SUCROSE. (II) LAVENDER (LAVANDULA SPP.) AND BORAGE (BORAGE OFFICINALIS) MAY CONTAIN UP TO FIFTEEN PERCENT SUCROSE. S 2. Section 206 of the agriculture and markets law, as amended by chapter 423 of the laws of 1979, is amended to read as follows: S 206. Relative to selling a commodity in imitation or semblance of honey. No person or persons shall package, label, sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey depicting thereon a picture or drawing of a bee, beehive or honeycomb, or branded as "honey," "liquid or extracted honey," "strained honey" or "pure honey" which is not [pure] honey AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED FIVE OF THIS ARTICLE. No person or persons, firm, association, company or corporation, shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled as and for honey which shall be made up of honey mixed with any other substance or ingredient. There may be printed on the package containing such compound or mixture a statement giving the ingredients of which it is made; if honey is one of such ingredients it shall be so stated in the same size type as are the other ingredients, but it shall not be packaged, sold, exposed for sale, or offered for sale as honey; nor shall such compound or mixture be branded or labeled with the word "honey" in any form other than as herein provided; nor shall any product in semblance of honey, whether a mixture or not, be sold, exposed or offered for sale as honey, or branded or labeled with the word "honey," unless such article is [pure] honey AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED FIVE OF THIS ARTICLE. A product which is in semblance or imitation of liquid honey shall be labeled as "honey flavored syrup" or "artificially honey flavored syrup", as is appropri- ate. S 3. This act shall take effect immediately.

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