Increases penalties associated with the packaging, sale or certification of kosher foods; increases first violation from one thousand dollars to two thousand five hundred dollars; increases second violation from five thousand dollars to seven thousand five hundred dollars.
Ayes (59): Adams, Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, 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, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Alesi, Espaillat, Huntley
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to increasing penalties associated with the packaging, sale or certification of kosher foods
PURPOSE OR GENERAL IDEA OF BILL: This bill would increase penalties associated with the fraudulent packaging, sale or certification of kosher food.
SUMMARY OF SPECIFIC PROVISIONS: Subdivision 6 of section 201-c of the agriculture and markets law as added by chapter 151 of the laws of 2004, is amended to increase the fine of failing to adhere to kosher certification when selling or packing food.
JUSTIFICATION: After the elimination of the New York State Department of Agriculture and Markets kosher food inspection unit as a result of the 2010-2011 State Fiscal Year budget cuts, kosher consumers have grown increasingly concerned about the loss of this protection. Although these positions are unlikely to be restored in the immediate future, violations of this particular form of fraud can still be identified and fined through consumer tips and other methods. Increasing existing penalties in light of this new vulnerability will deter those seeking to exploit current circumstances and protect the New Yorkers who adhere to these dietary restrictions as an essential component of Jewish Halakhic law.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: Unknown.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4494 2011-2012 Regular Sessions IN SENATE April 7, 2011 ___________Introduced by Sen. MARTINS -- 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 increas- ing penalties associated with the packaging, sale or certification of kosher foods THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 201-c of the agriculture and markets law, as added by chapter 151 of the laws of 2004, is amended to read as follows: 6. Failure to comply with the requirements of sections two hundred one-a and two hundred one-b of this article and this section or the failure to conform sales practices to the information provided in the kosher certification form pursuant to this section shall be punishable by a fine of not more than
[one]TWO thousand FIVE HUNDRED dollars for a first violation; not more than [five]SEVEN thousand FIVE HUNDRED dollars for a second violation; and not more than ten thousand dollars for a third violation and each subsequent violation thereafter. S 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10123-01-1