Requires food retailers to provide scales for customer use in an accessible location and with a conspicuous sign reading "for customer use".
Ayes (10): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Avella, Montgomery, Valesky
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (4): Huntley, Kruger, Parker, Squadron
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to requiring food retailers to provide scales for customer use
PURPOSE: To eliminate the thirty foot requirement for computing scales under section 190.5 of the Agriculture and Markets Law.
SUMMARY: Section 1 amends Subdivision 5 of Section 190 of the agriculture and markets law to eliminate the thirty foot requirement for the location of computing scales.
Section 2 states this act shall take effect on the thirtieth day after it becomes law.
JUSTIFICATION: Section 190.5 of the Agriculture and Markets Law was adopted in 1977 to allow consumers to verify the net contents of prepackaged grocery products by requiring computing scales every thirty feet. Since that time, the Department has implemented an extensive program whereby county Consumer Affairs and Weights and Measures inspectors regularly monitor prepackaged products for short weight violations.
To assist consumers with unpackaged products, food retailers typically place hanging scales throughout the produce section to enable consumers to determine the net weight of items they are selecting. Retailers and local consumers have found that hanging scales are used regularly and the computing scales receive little use. Mandating computing scales every thirty feet is unnecessary in today's shopping environment.
This bill will update the Agriculture and Markets Law to remove the unnecessary and outdated mandate on food retailers to place a computing scale every thirty feet within their store. One computing scale per food store will still be required by law and subject to current regulations.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ S. 4080 A. 6423 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y March 16, 2011 ___________IN SENATE -- Introduced by Sen. RITCHIE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Agriculture IN ASSEMBLY -- Introduced by M. of A. MAGEE -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to requir- ing food retailers to provide scales for customer use THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 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: 5. Wherever food or food products are packaged or wrapped for sale by a retailer in advance of being sold, or offered or exposed for sale, an accurate computing scale of sufficient capacity shall be maintained. Such scale shall be
[located not more than thirty feet from the pre- packaged display and shall be so]placed as to be easily accessible to customers [. A]AND A prominent and conspicuous sign reading "for custom- er use" shall be displayed on or near such scale. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10201-01-1