S3597-2011 Actions

• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Feb 28, 2011: REFERRED TO CONSUMER PROTECTION

S3597-2011 Memo

BILL NUMBER:S3597

TITLE OF BILL:
An act
to amend the general business law, in relation to prohibiting the use of
salt in the preparation of food by restaurants

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit restaurants from using
salt when preparing customers' meals. Customers will have the
discretion to add salt to their own meal after it has been prepared.

SUMMARY OF SPECIFIC PROVISIONS:
The general business law is amended by
adding a new section 399-ccc, which would prohibit the use of salt by
owner or operators of a restaurant when preparing food for
consumption by customers.

JUSTIFICATION:
This legislation will give customers the option to add
salt after the meal has been prepared for them. In this way,
consumers have more control over the amount of sodium they intake,
and are given the option to exercise healthier diets and healthier
lifestyles.

A report issued by the World Health Organization indicated that three
quarters or more of the sodium intake in the United States comes from
processed or restaurant foods, Studies have also proven that lowering
the amount of salt people eat, even by small amounts, could reduce
cases of heart disease, stroke, and heart attacks as much as
reductions in smoking, obesity, and cholesterol levels. The study
also stated that if everyone consumed half a teaspoon less per day,
there would be between 54,000 and 99,000 fewer heart attacks each
year and between 44,000 and 92,000 fewer deaths.

PRIOR LEGISLATIVE HISTORY:
2010: A.10129/S.7113 - Held in Consumer Protection

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall
have become law.

S3597-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3597
 2011-2012 Regular Sessions
 I N  SENATE
 February 28, 2011
 
 Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection
 

AN ACT to amend the general business law, in relation to prohibiting the
 use of salt in the preparation of food by restaurants
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The general business law is amended by adding a new section
 399-ccc to read as follows:

 

S  399-CCC.  PROHIBITION ON SALT; RESTAURANTS. 1. NO OWNER OR OPERATOR
 OF A RESTAURANT IN THIS STATE SHALL USE SALT IN ANY FORM IN THE PREPARA
 TION OF ANY FOOD  FOR  CONSUMPTION  BY  CUSTOMERS  OF  SUCH  RESTAURANT,
 INCLUDING  FOOD  PREPARED TO BE CONSUMED ON THE PREMISES OF SUCH RESTAU
 RANT OR OFF OF SUCH PREMISES.
 2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN  APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS FOR  EACH  VIOLATION.  EACH  USE  OF  SALT  IN
 VIOLATION  OF  THIS  SECTION  SHALL  CONSTITUTE A SEPARATE VIOLATION. IN
 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07648-01-1
 
       S. 3597                             2
 AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
 RULES.
 

S  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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